>

FREE CONSULTATION 248-270-2709 248-270-2709

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.

By danielmarchesemiattorney | Published August 21, 2018 | Posted in Asset Division, Civil Litigation, Discovery, Divorce, Equal Division of Assets, Gifted Property, Inherited Property, Judgments, Macomb County, Oakland County, Proeprty Division, Real Estate, Separate Property | Tagged Asset Division, Filing for Divorce, Inherited Property, Macomb County Michigan, Marital Property, Oakland County Michigan, Property Division, Real Estate, Rochester, Rochester Hills, Separate Property, Shelby Township, Sterling Heights, Troy, Washington | Comments Off on Division of Assets in Michigan Divorce Cases

Awards & Associations

Testimonials

Mr. Marchese handled my divorce. At times my case became very frustrating to me due to the lack of cooperation from my ex-husband but, Mr. Marchese stayed in communication with me and kept me informed throughout every step of the process. Mr. Marchese welcomed every question I had and willingly worked around my busy schedule. I was very blessed to work with him.
Daniel did a great job in preparing our trust. Was affordable and worked around our schedule.
Mr. Marchese has been excellent in reviewing my trust. His suggestion and criticisms have helped me greatly and I feel confident that I have it set up to for my best benefit. He is always courteous, available and has his clients best interests at heart.
Dan was extremely thorough and completed my divorce filing and will with a personal touch and genuine concern for my welfare that went far above and beyond what I could have expected.
Mr. Marchese took the time to thoroughly review my circumstances and finances and provided me with the information I needed to make a logical decision and resolve my financial situation in the manner most beneficial to me.
I hired Daniel to draw up a trust and accompanying documentation. He was very thorough in his preparation and explanation and completed this in a timely manner. He and his staff were professional, courteous and most helpful. I would not hesitate to give him my highest recommendation
Mr Marchese was professional and knowledgeable in preparing our estate planning. Will continue to recommend him to family and friends.
I had a situation that required some legal advise. Dan was quite knowledgeable and able to get me going in the right direction.
Daniel Marchese made my bankruptcy experience easy and stress free. He was thorough, knowledgeable, very friendly, quick to respond, and truly made this an easy smooth experience.
Dan did a great job in helping us navigate through the probate process. He was honest, informative and respectful!
Highly recommend for the following: 1. Willing to meet at a time best for you. 2. Always got back you as soon as he could via phone or email. 3. Took care of dealing with the creditors, especially within a few minutes, even though I would be on the phone for forever.
Mom’s house was to be sold within days, and my mom had forgotten that she had a trust and the trust owned the house. Daniel was able to put together the paperwork needed to enable the sale of the house without issue and on schedule.
Daniel made my process very simple and informative. I would recommend him to anyone looking to do their bankruptcy. Daniel was very helpful throughout the entire process, and I felt I made informed decisions with the knowledge he shared.
I filed bankruptcy chapter 7, Daniel supported me and guided me through everything i had to do for the bankruptcy, he was very efficient at explaining everything to me, and he made sure i understood what i was to do, i would use him again should i ever need a lawyer again
Dan did a great job helping us with a difficult civil case. We were from out of state and he was able and willing to work with us long distance. He let us know what options we had available to us and always kept cost in mind. His knowledge and determination helped us get a favorable outcome.
As a financial planner I know the importance of expert advice and I know when to seek the assistance of professionals with greater knowledge than I in certain areas. Setting up a trust for my mother’s estate was one of those areas. I found Dan Marchese to be everything I want in professional relationships: client focused, knowledgeable, thorough and professional. Dan treated my mother as if she were his own and provided her with a thorough trust at a very reasonable cost. I would not hesitate to refer my family, friends or clients to Dan.
I was very happy with Mr. Marchese. I had some confusing issues and we got everything worked out very satisfactory. He always returned my phone calls or e-mails right away and always kept me aware of what was going on with my case. I would recommend him to anyone who is looking for an attourney and not sure what it is they are supposed to do concerning their case. Very satisfiied.
Mr. Marchese took over my bankruptcy after I paid a suspended attorney for said attorney’s services. After months of no action and no communication, Mr. Marchese stepped up to the plate and was swift and efficient. He always called back or responded to my emails immediately. A very nice and kind man. He also worked for free to help me out.
Mr. Marchese took over my case from another attorney. He was able to get everything taken care of very fast and kept me up to date with everything that was going on and what to expect.
Daniel helped us set up a living trust to assure our desires are carried out and to avoid the cost and time of probating our estate. We found Daniel to be thorough, professional, responsive, and pleasant. We have full confidence in using Daniel for other legal maaters that should arise.
Daniel was very honest and helpful when doing my Trust. He was very informative, prompt and explained things thoroughly ! I would highly recommend him to clients and friends.
Daniel did a great job for me. He was efficient and accurate in his review of our contracts. He is a great attorney.
Mr. Marchese is a great, reputable and very professional lawyer. He was very accommodating and flexible with his time because he met with me at a time most convenient for me. He was knowledgeable and very reassuring when he answered all my questions. He always called me back as soon as he can.
Daniel was very professional, friendly and very prompt at answering back my emails with questions or concerns I had. I would definitely recommend or use his services again if needed.
Daniel Marchese was very knowledgeable and was always available to help me with my case. When I discussed my legal needs it is clear that he listens and gives you knowledgeable solutions based on your specific issues. I used Daniel Marchese for wills and estate planning, and are pleased that I did!
Very satisfied with the prompt attention given to my bankruptcy. Prompt meeting, paperwork completion and filing. Extremely prompt in responding to questions/concerns. Truly compassionate and understanding. With me every step of the way. Would highly recommend.
Daniel and his firm did a great job on my divorce. They made a tough situation easy - thank you!
Dan Marchese was very helpful in updating our Trust and Estate Planning.
Daniel and his firm helped my sister on a difficult trust court battle in probate court. He was the nicest person and won the majority of our claims.
dan helped me get rid of $50k+ in dets, thank you
Hired firm for chapter 7 bankruptcy. Did a great job and made my tough time manageable.
Daniel Marchese was prompt and efficient in getting me the documentation I needed to move forward on the closing of my deceased mother's house.
Knowledgeable, professional and quick to respond.
Daniel responded to all communications very professionally and quickly. His answers always were always thorough and put us at ease. Definitely would recommend his services.
Daniel was very helpful in talking us through the process of creating our will and trust documents, along with providing recommendations. We're very happy with his service!
My husband and I are very satisfied with Mr. Marchese’s professionalism and knowledge in litigating my probate settlement.
It's as easy as ABCs working with Daniel. I came to him with concerns and he answered them swiftly. If you're looking for honest, good quality work, he's the attorney you're looking for. I would recommend Daniel in a heartbeat.
Daniel Marchese has been very helpful, and incredibly professional in planning my family's estate. We are thankful for all that he has done.
Estate Planning Attorney - Very thoughtful and encouraging in his effort to do our families' estate plan.
Mr. Marchese is super professional individual. We felt extremely comfortable and confident with his expertise. His level of detail surprised even myself since he caught various errors in my paperwork that I had checked over multiple times with a fine tooth comb. If you want to sleep soundly at night, Mr. Marchese is your man.
Family Law Attorney - Mr. Marchese was very helpful in a child custody case I had many issues with. He provided a swift resolution to our problems.
Real Estate Attorney - Dan was very helpful in guiding us on the purchase of our new home.
Good guy and very personable, took on my problem as if it was his own, and saw it through to resolution. Would highly recommend him.
Daniel was very helpful in guiding my family through difficult times. Highly recommended.
I hired Dan Marchese to file a bankruptcy case. He’s very professional and knowledgeable. The process was made very easy and explained very through, all questions were answered and followed up will also.
Excellent attorney, spent a lot of time helping us with our estate issues, highly recommended
I reached out to the Marchese Law Firm to get some serious questions answered about Estate Planning. We have kids a few years from college, and retirement beyond that for us, so I wanted to make sure I could find a trusted lawyer who could really help us understand the best course of action for us.
We hired Daniel to help us setup a trust. He was very flexible in accommodating our time schedule and was both friendly and professional. The knowledgeable advice he provided for our particular situation was much appreciated.
Dan was upfront and honest with me the entire process. Was there for me every time I called and showed up to every appointment on time. This is the first time I've actually dealt with an attorney who treated me like a real person. Big thanks to Dan and his staff for their professionalism.
Mr. Marchese was attentive to our concerns and offered thorough legal advice. He was also reliable and answered all of our correspondence promptly. He provided all services as promised.
Really want to personally thank Mr. Marchese for a phenomenal job setting up my mother’s power of attorney. Her husband/my father recently passed away and she wanted to be prepared should she have a medical accident. She is so much more at ease after my father’s passing and I can attribute that to the great work done by Dan who worked our case.
I chose Mr. Marchese to handle my divorce case based on his professionalism and guidance in my consultation. He was supportive through a long, drawn out process. He always reviewed potential actions with me and respected my feedback and wishes. In the end, he was able to lead me to the desired outcome. His patience and guidance made a difficult process much easier.
Daniel was, exceptional!!! He made me feel confident and put my mind at ease right away. My husband and I hired him for bankruptcy and he couldn't have made the process any easier. He is prepared, very smart and confident which allowed us to trust him every step of the way. I would highly recommend him to family and friends.
I consulted Dan with respect to my divorce and came out of our meeting so much better prepared. I was worried I was going to experience significant anxiety with my divorce but with Dan’s expertise, I feel very confident and stress free moving on with my life.
Daniel made changes / revisions to our will, medical decision documents and created a Living Trust for us. He did an excellent job. He was very professional. Answered all of our questions in a non legal manner so we would understand the answers.
Dan Marchese really puts your needs first when representing you as a lawyer. He made sure to go over the smallest detail regarding my will and even surprised me with parts that most regular lawyers will miss. He can relate to you on a personal level and takes away the stress that typically arises when dealing with attorneys.
My husband and I recently welcomed twins and immediately began thinking about how we can best take care of them should something tragic happen to us. Dan gave us a thorough consultation and we immediately hired him to draw up our will. Now we are both assured that our precious little ones will be taken care of.
I met Dan through a mutual friend and he came highly recommended. I own a small business in which I have most of my retirement tied up in. Dan got me set up with a trust and will and I couldn’t be more thankful now going forward. He really puts your mind at ease. Only wish I would have gotten his contact info sooner!
I highly recommend Dan Marchese for any family law issues. Dan is absolutely wonderful to work with. I knew nothing about the legal system and all the terminology prior to my divorce case. Dan understood this and didn’t mind repeating things over and over if needed. He has the patience of a saint...
Dan did a great job on my case. he was very friendly and thorough and being my first time going through the court system that was very helpful to me. I would highly recommend him to anyone.
Daniel did an exceptional job. Did everything I asked and more. He is very much into the little details and will not let anything slip by. Most definitely will use his services again if needed.
Daniel was very thorough and competent in representing me in my divorce. He was knowledgeable and patient when explaining things to me and realistic in predicting the possible outcomes. He has a great sense of humor which kept me grounded, and his calm manner was very reassuring.
Thoroughly well versed when it came to wills and trusts. Unfortunately I was nearing 60 when I set up my will with Daniel. However his services were precise and no stone was left unturned. I recommended him to my son and now Daniel is working on my son’s will for his new family. Really thankful for the Marchese Law Firm.
Just an overall great guy and extremely professional especially for delicate topics like prenuptial agreements. He works harder than any of the lawyers I consulted with before meeting him. Thanks Dan for all your help and guidance.
Daniel really cares and takes care of his clients. He is not only a great attorney, but he is also a beautiful human being; hard to come by in this field. I choose him for his compassion and reputation. Divorce was a heart breaking life experience and I needed to someone I could trust. He is patient, kind and really looks into every detail to make sure you're well...

Oakland Macomb Livingston Divorce Attorneys

929 W. University Drive
Suite 101
Rochester, Michigan 48307

248-270-2709 Phone
248-955-3262 FAX