Divorce gives us a strange feeling, but it is the best way to end an unhappy marriage and live happily separately. With a divorce, many terms come simultaneously, and one of them is the division of your assets.
It includes many things, such as personal goods, individual or combined property, debts, Etc. Being a Michigan citizen, you are indeed interested in Michigan’s divorce laws and property division, so let’s solve your confusion in this article.
However, suppose you are interested in building a house in Michigan. In that case, you should not miss our article on the cost to build a house in Michigan.
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What is a Community Property State?
Amassing property by you and your spouse during a marriage is known as community property, also called joint or marital property. Thus, many states comply with the community property law; as a result, the couple has equal rights on the assets they have during their marriage. So, when it comes to the division of assets, the courts divide everything equally to both.
Surprisingly, Michigan does not fall under a community property state; they favor equitable distribution laws. So, they abide by unbiased law and divide the marital property fairly.
What’s the Difference Between Community Property and Equitable Distribution?
Community property states follow the 50/50 split ratio where they distribute marital property equally amongst the spouses. On the other hand, equitable distribution focuses on a fair distribution instead of following a 50/50 ratio. Inequitable distribution, the court considers all the circumstances and then makes an appropriate decision.
Is Michigan a Community Property State?
The straight answer is No. Michigan is not a “community property state”; in contrast, it is an “equitable distribution” state. This way, the spouses’ marital assets get distributed fairly. This means if the courts think one spouse deserves 40% and another 60%, this is what spouses will get as the court analyzes everything in detail.
Factors that determine equitable distribution
There are many things the court observes when it comes to equitable distribution to make a fair decision. The most common factors the court takes into consideration are:
- divorce’s reason
- the period of the marriage
- individual spouse’s health and age
- past relationships of the spouses
- earning ability of each spouse
- financial needs and circumstances of the spouses’
- the contribution of the spouses in the marital estate
- the property’s source
- the children’s needs
and every other factor that helps the court make a fair decision and divide the marital asset equitably.
Get the most out of your divorce
When couples decide to part ways, they need to face many circumstances and make proper plans. Many questions may come into couples’ minds: is a house owned before marriage marital property in Michigan? So, to solve such issues, the best thing couples can do is, without the court’s intervention, couples can divide the assets of their own.
However, if couples are unable to agree, they need court intervention. However, even during court involvement, you can resolve the issues and come to any conclusion that fits both.
After all these, if the court finds that couples cannot decide, you have to rest everything in the judge’s hands. Separating with your partner is a challenging time. To accurately represent your side’s story, you need a trusted and experienced solicitor to get the most out of your divorce case.
Is Michigan a Community Property State FAQs
What is considered marital property in Michigan?
Any assets acquired from the wedding’s date to the divorce’s date are considered marital property in Michigan. It can be real estate, debt, personal belongings, Etc.
How long do you have to be married in Michigan to get half in Michigan?
The actual period is 10 or more years, but still, there is no surety you’ll receive half. The real reason behind this is that Michigan’s court believes in a fair decision. So even if you are staying in a 10-year marriage relationship, you are less likely to get a 50/50 split.
Conclusion
We hope you’ve received your question’s answer – Is Michigan a community property state?
To answer your question appropriately, we have included many facts and the reason behind those facts. So, without a doubt, Michigan is not a community property state.
But Michigan’s law checks both sides unbiasedly and makes the decision accordingly.
Even if you are thinking of is Michigan a community property state in death? You have to provide the death certificate and the estate’s contact information in this circumstance. However, the same things still happen; the court will analyze the situation and then decide. Hope this has cleared your doubt.
Despite all these, Michigan is a breathtaking place to live and live your life happily. For this, you can look at how to move to Michigan guide.
Finally, we are ending this article by assuming you’ve got your questions answers.
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