Division of Property

The state of Michigan suggests that the division of property should be fair, although this doesn’t always mean that it should be equal. Courts divide the common property, meaning everything that the spouses acquired during the marriage. However, the separate property can also be divided in some cases if the court concludes it’s a reasonable solution.

If the spouses can agree among themselves on how to divide the property, the court is likely to support their agreement. But if the spouses are in a tense conflict and cannot resolve the dispute independently, the court will decide based on the analysis of factors such as:

• the duration of the marriage;
• sources of property acquisition;
• the needs of each spouse and their ability to earn;
• the contribution that each spouse made for the purchase of property or its maintenance;
• age, physical and mental indicators of partners; and
• any other circumstances that the court may consider relevant.

Even though Michigan is a no-fault state, when considering the issue of division of property, the court may take into account the guilt of the spouse and the reasons which led to the dissolution of the marriage.