Your Michigan Marital Property Division Attorney
Getting the divorce is the easy part, at least in comparison to the details that go along with it. Who gets the house and who gets the car? What about those wedding gifts, or the wedding ring? Is the property that I had before we got married marital property? Who can forget about the pet dog? All of these questions are about the same thing: Who gets what. The answer comes from the legal process known as division of property.
Questions? FREE Consultation?
As a Michigan Division of Property Lawyer who has worked through numerous division of property cases – both large and small – our attorneys understand the challenges and concerns you have. From reaching an amicable agreement during arbitration to presenting your case before a judge, the process of dividing up the property accumulated during a marriage requires the expertise of a Michigan Property Division Attorney.
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Attorney Jannelle J. Zawaideh is a Michigan Property Division Lawyer dedicated to providing you the best in legal services with the personal, one-on-one commitment only found in a small law firm like The Law Offices of Jannelle J. Zawaideh. To start deciding who gets what, call our offices at 248-356-0600 and schedule a Free Phone Consultation with one of our Michigan Division of Property Attorneys.
What Counts as Marital Property?
Any property accumulated during the marriage – including homes, cars, debts and assets – is considered marital property, or property that belongs to both parties. In a divorce, how the marital property is divided between the parties must be determined through the process of property division.
Surprisingly, the Michigan statutes offer no explicit definition of marital property. In fact, Michigan is the only state that lacks such a statutory definition. Instead of creating a laundry list that clearly states what is and what is not marital property, the courts have struggled to make sense out ofthe various legal provisions that touch upon this subject.
At best, it can be said that, according to Michigan law, property is subject to division if it falls under one of four categories:
- Property whose acquisition, improvement or accumulation resulted from the contributions of the non-owning spouse (MCL 552.401)
- Property necessary for the suitable support and maintenance of the non-owning spouse (MCL 552.23)
- Property which shall have come to either party by reason of the marriage (MCL 552.19)
- Vested retirement benefits earned during the marriage and unvested retirement benefits earned during the marriage where just and equitable (MCL552.18)
Typical examples of marital property include:
- Bank, investment and brokerage account
- Pensions and retirement plans
- Homes, including vacation homes
- Household furniture and furnishings
- Stock and stock options
- Business and partnership interests
Property often held as non-marital property includes:
- Gifts, including those acquired by legacy or descent
- Property acquired in exchange for property acquired before the marriage or in exchange for a gift
- Property acquired after a legal separation
- Any property specifically excluded by agreement between the parties
- All property acquired before the marriage was created
How is Marital Property Divided?
Once a couples’ property is categorized as being marital or non-marital, the next step is to divide the property amongst the parties. When doing so, the court will take into account such factors as:
- Age and health of the parties
- Source of the property and how it was acquired
- Length of the marriage
- Needs of the parties and children, if any
- Earnings or earning capacity of the parties
Jannelle J. Zawaideh – Your Michigan Division of Property Attorney
Without a Michigan Division of Property Lawyer, you may not get what is rightfully yours. Although the court’s decision is ultimately based on what is a fair division of the property, there are too many loopholes and exceptions that, without an experienced Michigan Division of Property Attorney at your side, it can quickly start to look more and more unfair.
The Law Offices of JannelleJ. Zawaideh specialize as Michigan Division of Property Lawyers. They provide a highly personalized and attentive approach to the law that can only be found at a small law office. With Jannelle J. Zawaideh as your Michigan Division of Property Attorney, each piece of your property will be individually analyzed – ensuring your legal rights and interests in what is rightfully yours are fully represented in the court of law.
Call us today and schedule your FREE PHONE CONSULTATION. The first step is to get informed and have your division of property case professionally analyzed by a Michigan Division of Property Attorney. The Law Offices of Jannelle J. Zawaideh offer reasonable fees and payment plans and all major credit cards are accepted.
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Contact me if you have any questions about any family law topics including divorce, child custody, child visitation rights, annulments, property division, spousal support or paternity matters. I am an email away, and promise to respond as quickly as possible as I know this is a difficult time.
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