Division of Assets in Michigan Divorce Cases
There are two types of property in a marriage: marital and separate property. Marital property is all property acquired during the marriage, even if one’s name is not on the title. Separate property is anything that was owned by a spouse prior to the marriage, gifted or inherited during the marriage.
Marital Property in Michigan
Marital property is divided fairly in Michigan. This means that marital property is generally divided in half. However, there are situations where the division of marital property is divided differently. Examples are when one spouse may take a larger share of the marital debt, if one partner has a greater need for property, and if one person is more at fault for ending the marriage.
Separate Property in Michigan
Separate property is NOT divided, but there are exceptions to this rule. If the other spouse contributes to the acquiring, improvement, or growing of the separate property, or if the marital property is insufficient to meet the other spouse’s needs, separate property can be divided. There also may be the need to invade the separate assets if the marital portion is not sufficient for equal division.