Laurie Schmitt

The Marital Home and Divorce – Common Questions

September 16, 2022 By Laurie Schmitt

You and your spouse own a home, and you’ve decided to file for divorce. You have concerns about the marital home, the equity, and what you may be entitled to receive in the divorce.

The following are the most common questions asked of Schmitt Law, PLLC during an initial interview:

WHAT IF THE HOME WAS PURCHASED BEFORE THE MARRIAGE?

The answer to this question is how close was the home purchased before the marriage. If it were purchased close to the marriage, it is most likely marital property. And, if at the time of the marriage there was little to no equity, then your spouse could not claim the equity to be separate property (because there was no equity at the time of the marriage).

If one spouse purchased the home well before the marriage, and can show the court there was equity in the home at the time of the marriage, then they may claim that portion of the equity as separate property. What this means is that they can ask the court for a credit for the portion of the equity that existed at the time of the marriage. But the burden is on your spouse to show (1) the value of the house at the time of the marriage, and (2) that there was indeed equity at the time of the marriage.

WHAT HAPPENS IF MY SPOUSE’S NAME IS THE ONLY ONE LISTED ON THE DEED TO THE MARITAL HOME?

How a property is deeded is not dispositive of ownership. There are various reasons why one spouse’s name may not be on the deed. Simply because only one spouse is listed on the deed does not mean the home is not marital property. The quick answer is if the home was purchased during the marriage, it will be subject to division in the divorce by the family court.

WHO GETS CREDIT FOR THE DOWN PAYMENT ON THE MARITAL HOME?

If the down payment came from marital funds, neither party is entitled to an offset for the down payment, as the down payment was made with joint funds. If the down payment came from one spouse, and is a significant amount of money, that spouse may claim it as separate property and request a credit for that amount. However, the longer you and your spouse have been married and owned your home, the less likely any offsets would be granted by the court for a down payment made exclusively by your spouse.

WHAT IF I PAID DOWN THE BALANCE ON THE MORTGAGE OR PAID FOR IMPROVEMENTS TO THE MARITAL HOME WITH INHERITED FUNDS?

If you paid down the balance of the mortgage or paid for improvements to the home with inherited funds, one argument is that you “gifted” that money to the marriage. If this contribution was large, and close to the time of filing of the divorce, it may be possible to convince a judge that you should be awarded an offset for the contribution amount. However, the more common rule is that once inherited funds are co-mingled into marital funds, they become marital funds that are not divisible in a divorce action.

WHAT HAPPENS IF I PUT A DOWN PAYMENT ON THE MARITAL HOME FROM PROCEEDS FROM SALE OF A HOME OWNED PRIOR TO MARRIAGE?

Once again, the answer to this question is largely dependent on the length of the marriage. If it is a short-term marriage, you would have a separate property argument. If it is a long-term marriage, it is less likely that any offset would be given.

ARE YOU CONCERNED THAT YOU WILL BE LEFT OUT IN THE COLD?

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Do you have questions about your marital assets? Determining what is marital and non-marital can be one of the most complex issues in your divorce. You have the right to expect a fair and equitable property division in your divorce. Schmitt Law, PLLC has the knowledge and skill to resolve financial matters using mediation and the collaborative approach, saving you time, money, and stress. To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

Note, the contents provided above are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. As family law is complex, answers to your specific and unique situation may vary greatly from the general answers provided in this blog.

What Is A “NO FAULT” Divorce In Michigan?

September 14, 2022 By Laurie Schmitt

Michigan is a no-fault state, which means that you do not need to provide a reason for seeking a divorce. You will not be required to show any wrongdoing on your spouse’s part to have a divorce granted.

In order to obtain a divorce in Michigan, you must declare in your complaint for divorce and testify at your final hearing that you had been a resident of the State of Michigan for 180 days before filing, that you had been a resident of the county in which you filed for 10 days before filing, and that there are “irreconcilable differences”. Irreconcilable differences means that there has been a breakdown of the marriage relationship so that the objects of matrimony have been destroyed and there is no likelihood the marriage can be preserved. This must be true at the time of filing and at the time of the final hearing.

To conclude, the only statutory requirement in the State of Michigan to be granted a divorce is that there has been a breakdown in your marriage, and you do not believe your marriage can be preserved. The judge will not ask you details as to what the actual breakdown was. You will just need to state that a breakdown in the marriage exists, and they will grant your request for a divorce.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and against taking on responsibility of debt that may not be marital. We will provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property and debt division in your divorce.

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce. If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Hidden Assets In A Divorce

September 8, 2022 By Laurie Schmitt

Before you settle, obtain knowledge about your marital assets!

It’s not uncommon for spouses to lack all of the financial information in a marriage. But, it’s critical that, through the divorce process, you obtain all of the financial information such as bank accounts, retirement accounts, pensions, stocks, and business information in order to negotiate the terms of your divorce effectively and fairly. Diverse and high value assets can make this process complicated, and some spouses may try and take advantage of that by hiding some of their assets or the value of those assets.

IS IT LEGAL TO HIDE ASSETS IN A MICHIGAN DIVORCE?

Hiding assets in a Michigan divorce is illegal, and can result in an inequitable division of property. Why, because each party has a right to have marital assets divided equitably in the divorce action. And how can a judge divide the marital assets equitably if one spouse has more financial resources than is legally disclosed to the court? To ensure equity and fairness in the divorce process, both parties are legally obligated to disclose all marital assets to the other party in the discovery process and to the court.

WHAT HAPPENS IF I HIDE ASSETS IN MY MICHIGAN DIVORCE CASE?

If you attempt to defraud the court, the court will not take lightly that you attempted to hide assets during your divorce, and you can be found in contempt of court. Depending on the severity of the deception, you may face criminal charges. Alternatively, the family court judge may award your spouse a higher percentage of the marital assets, to include awarding your spouse the entirety of the hidden assets.

WHAT IF I DO NOT KNOW WHAT OUR MARITAL ASSETS ARE?

If you have not been active with your marital finances, or suspect your spouse has assets/accounts you may not know about, it is important that they be discovered. You and your spouse will be required to complete a Financial Affidavit disclosing necessary financial information. After the Financial Affidavits have been exchanged, your attorney can determine what other financial information they require, and request the necessary financial information from your spouse or their attorney.

HOW CAN I PROTECT MYSELF?

With specific language properly placed in your Judgment of Divorce, you can protect yourself. The language states that if your spouse fails to disclose assets during the divorce, these hidden assets discovered post-divorce will awarded to you. And, you should include language in your Judgment of Divorce that if you are required post-divorce to go before the court on a hidden asset issue, the offending party will be responsible for your attorney’s fees and court costs.

CONTACT AN EXPERIENCED GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property division in your divorce.

Mediation Guide

September 6, 2022 By Laurie Schmitt

MEDIATION – DEFINED

Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, and helping both of you review your options, so that you may reach an acceptable outcome of your differences.

BENEFITS TO PARTICIPATING IN MEDIATION

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

ISSUES TO BE DISCUSSED AT MEDIATION

At mediation, the topics for discussion are decided by you and your spouse. The mediator will give each of you an opportunity to present an opening statement. This opening statement will consist of what you believe the issues are, from your perspective. As the mediator is a neutral third party with no information about your case, these opening statements assists the mediator in determining the what the issues are, and what the topics of discussion will be. Any issue you have between you and your spouse may be discussed at mediation. Nothing is too small or too great to be discussed at mediation. In fact, mediation is a safe environment to express your concerns and opinions regarding your case. And often times, clearing the air at mediation can help both of you to move forward in a positive way.

MEDIATION VERSES TRIAL

In mediation, you are free to craft an agreement that makes sense to you, your spouse, and your children. If you and your spouse come to an agreement (or a partial agreement), you “own” the terms of that agreement, are more likely to be satisfied with the terms, and therefore more likely to abide by the terms. It’s never best to allow the judge to have complete control over the outcome of your case, or to let the judge decide what your future will hold. Mediation allows for you and your spouse to be creative, and to work towards an agreement that will be durable – standing the test of time.

And, mediation is a cost-effective means to reach an agreement. Trial is financially expensive, and emotionally tolling. After spending thousands of dollars, trial can leave parties bitter and disillusioned at the judicial process. And, if you and your spouse are not getting along, the trial process will only enhance existing hostility between each other.

PARTIAL AGREEMENTS

Perhaps you schedule a second session with the mediator. Or, if you believe you are truly at an impasse, a trial on the outstanding issues may be required. But, if you have reached a partial agreement in mediation, any issues agreed to at mediation will not need to be discussed at trial, saving you money at trial.

MEDIATION AGREEMENTS ARE BINDING

The mediation process, and entering into an agreement at mediation, is a voluntary process. It is important that when you enter into your agreement, you are doing so freely voluntarily, and with the expectation that you will be bound by the terms. So, it is crucial that you understand the terms of the agreement prior to entering into it.

However, once you and your spouse have entered into an agreement, the signed mediation agreement becomes a legal and binding contract, enforceable by the court. So, it is important to fully understand the terms of the agreement before you sign the mediation agreement, as the court will hold you to the terms of the agreement.

ATTORNEY PARTICIPATION AT MEDIATION

Yes! The mediation process doesn’t look to exclude your attorney. In fact, it welcomes their participation. Clients depend on their attorneys to provide them with legal advice, and to assist them through the divorce process. Having your attorney present at mediation is important as they can outline the issues for the mediator, and assist in generating options. And most importantly, they can explain the implications of the agreement before you sign it. As discussed above, there is no going back once the agreement has been signed.

HOW TO PREPARE FOR MEDIATION

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation. At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation:

Statements for all of your bank accounts.
A list of your vehicles, with a Kelly Blue Book value on each vehicle.
A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
Statements for your mortgage(s) (to include home equity lines of credit and second mortgages).
Copies of all appraisals for each real property. If you have not had your real property appraised, have it appraised prior to mediation.
Statements for life insurance policies, and their cash value.
Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for each of your investments (stocks, bonds, mutual funds, etc.).
Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

Verification of yearly daycare costs.
Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
Tuition statements.
Prior to mediation discuss with your attorney
- What type of legal custody you are seeking.
- What type of physical custody you are seeking.
- What parenting time schedule you are seeking.
- What holiday schedule you are seeking.
- What type of telephone contact you are seeking.
- Who will provide transportation for pick up and return of the children.
- Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation. The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

FINANCIAL AND INCOME INFORMATION NECESSARY FOR A SUCCESSFUL MEDIATION

Complete and accurate financial information is important for the process of mediation. You will need the following information:

ASSETS:

Real Property: furnish appraisal and last mortgage statement
Bank accounts and savings accounts: furnish last statement
Stocks, Bonds, Mutual Funds: furnish last statement
Life Insurance – Name of Company, Policy Number, Face Value, Type of and Location of policy
Business or Professional Interests: furnish last balance sheet and P&L statement, tax return, buy-sell agreement
Miscellaneous Assets – Patents, Trademarks, Copyrights, Royalties, Stock Options
Pension Plans, Keogh, IRA’s or Profit-Sharing Plans: furnish last statement and description
Automobiles, Recreational Vehicles, Tangible Personal Property

LIABILITIES

Mortgage on Real Property
Notes Payable to Banks and Others
Loans on Insurance Policies
Other Debts (including store charges, credit cards)

ANNUAL INCOME

Gross Salary/Wages
Dividend Income
Interest Income
Income Trusts
Rental Income
Other Income

HOW TO HAVE A SUCCESSFUL DIVORCE MEDIATION

Mediation is set in your divorce case. How do you set yourself up to have a successful mediation? Here are the top tips to ensure you make the most of your time and money at mediation:

COMPROMISE AND CONCESSIONS ARE NECESSARY.

If neither you or your spouse are willing to move from your point of view, your case will inevitably end up in the hands of the judge. Remember, mediation is a voluntary process wherein you and your spouse maintain total control of the outcome of your divorce. You own the process and own the outcome.

BE PREPARED.

Have your financial documents with you at mediation. Remember, it’s impossible to resolve financial issues without written documentation. Be prepared to show the mediator and your spouse through statements. Don’t expect them to believe it just because you say so.

BE REALISTIC WITH YOUR EXPECTATIONS.

Set your goals appropriately. Remember, there is never a time that just one party walks out of mediation with everything they set out to get.

BE COOPERATIVE, NOT COMPETITIVE.

Look for your common shared interests. Look for the win/win.

BE OPEN MINDED.

Be prepared to listen to your spouse, and consider their point of view. An agreement today can result in improved capacity co-parent in the future. Once again, a win/win.

DON’T PLAY THE BLAME GAME.

The mediator doesn’t want or need to know the details of why you are seeking a divorce. The mediator is a neutral third party assisting you in getting to a resolution. The “what happened during our marriage” conversation is not necessary.

GET YOUR HEAD IN THE GAME.

Enter into mediation with the mindset you are here to fully engage in the process, to get resolution in your divorce, and to walk out of mediation starting your new life.

WATCH YOUR WORDS AND YOUR TONE.

If your true goal is to reach settlement, then be careful what you say and how you say it. This is not marriage counseling, a trial, or the time to hash out your differences.

Mediation empowers couples. Set aside your anger and frustration, your need to win, and your need to blame. If you are able to do so, you will walk out of mediation with a durable agreement that satisfies both you and your spouse. And, you will have maintained total control of the outcome of your divorce. Parties who reach their own agreement are much more satisfied than parties who hand the power over to the judge.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

Payment of Household Bills During The Divorce

September 6, 2022 By Laurie Schmitt

It’s hard enough to make the life changing decision to end your marriage. And its daunting to think about the tough decisions ahead. But right now, all you can think about is how are the bills going to be paid while we are going through our divorce.

Many couples continue living together after one spouse has filed for divorce. Often, parties are unable to make future housing decisions until a final agreement has been reached determining the division of assets and debts. Therefore, couples must decide how to handle the payment of household expenses while the divorce is pending. If parties can resolve this issue outside of court, it can alleviate some of the stress for parties who already are in a tense situation.

If the parties cannot resolve the issue of payment of household expenses between themselves, either party may file a motion with the court to determine division and payment of the household expenses. If the judge is required to make a decision, in most cases judges expect parties maintain status quo of the household expenses. This means whatever the normal practice was during the divorce, is what it should be through the pendency of the divorce. The parties need to continue to contribute to the household expenses the same proportion as they did before the filing of the divorce.

If the parties separate after the filing of the divorce, the goal is to prevent foreclosure of homes, utilities being turned off, repossession of vehicles, and failure to pay credit cards. If a party makes the decision to move out prior to completion of the divorce, it does not absolve them from their financial responsibility to contribute to the household expenses.

The goal while going through your divorce is to maintain status quo. Therefore, if you or your spouse have filed for divorce, know what your financial obligations will be before making the decision to move out of the marital home. Albeit living together after the filing of the divorce may be uncomfortable, it may be financially necessary to do so. Seek legal assistance before making this major decision.

DEBT DIVISION. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Is Mediation or The Collaborative Process Right For You?

September 1, 2022 By Laurie Schmitt

Is it important for you and your spouse to effectively co-parent after your divorce has ended?

After your divorce has ended, is it important that you and your spouse interact in a respectful manner when you are in front of the children?

Are you and your spouse willing to put the needs of your children first and foremost?

Do you and your spouse want to participate and have input into the final outcome of your case?

Do you and your spouse agree that spending money on litigation is a waste of marital assets?

Do you and your spouse want to stay out of court?

Do you and your spouse agree that the focus must be on creating solutions that address the needs and goals of both you, your spouse, and your children?

IS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS RIGHT FOR US? MEDIATION OR THE COLLABORATIVE PROCESS

If you are willing to be open, honest, and respectful with one another…
If you are committed to resolving your issues, verses allowing a judge to take total control and make all of the decisions for you and your children’s future…
If you want to have 100% control of the terms of your custody and parenting time agreement…
If you can remain transparent during the process – sharing all financial information necessary to reach a fair and equitable agreement…
If you and your spouse are able to set aside the blame and anger…
If you and your spouse are ready to move forward in your lives, with the understanding that each of you will remain important to the children…
If you and your spouse want a safe environment to work out your differences…
If you and your spouse are looking for a way to resolve your differences other than the traditional courtroom setting…
If you and your spouse are open to meaningful conversations about you and your children’s future…
If you and your spouse are interested in working with trained professionals that can guide you through a more respectful process than litigation…
If you do not want to spend the next year in court…
If you and your spouse agree that you need to reach a fair and equitable settlement…
If you and your spouse are ready to resolve your differences in a fair, open, and respectful manner…
If you and your spouse are ready to create positive solutions that work well for both parties, without the need for court intervention…
Then mediation or the collaborative process are excellent choices for you and your spouse. To learn more about mediation or the collaborative process, see my blogs.

MEDIATION AND COLLABORATIVE DIVORCE GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Common Sense Divorce Rules

August 30, 2022 By Laurie Schmitt

The following are common sense rules for couples in the midst of a divorce.

THE “DO’S”

Do start making a list of your debts (and their balances as of the filing date of the divorce).
Do start making a list of your retirement accounts (and their balances as of the filing date of the divorce).
Do maintain the household expenses – “status quo”.
Do start working with your spouse to discuss division of personal property. After all, who wants to spend money on an attorney to help you divide your “stuff”.
Do start having discussions with your spouse about finances.
Do start having discussions with your spouse about the disposition of the marital home. Do either of you want to keep the marital home after the divorce or do both of you agree to sell it.
Do discuss with your spouse how and when you will tell the children that you intend to file for a divorce.
Do seek counseling for yourself or the children, if necessary.
Do remain or get active with your children and their education.
Do prioritize your children and their emotional needs during this difficult time.
Do start thinking about your budget post-divorce.
Do make your discussions with your spouse productive.

THE DO NOT’S”

And yes, this list tends to be much longer!

Do not hide, give away, or destroy personal property.
Do not give away pets.
Do not remove money or empty out your retirement accounts.
Do not cancel health, auto, or life insurance policies (for your spouse or the children).
Do not cancel utilities associated with the marital home.
Do not cancel your spouse’s cell phone service.
Do not take out any new loans (such as personal loans, or home equity loans).
Do not cash out life insurance policies.
Do not sell real property (without an agreement between the parties).
Do not sell vehicles (without an agreement between the parties).
Do not run up credit cards.
Do not make large purchases such as a house or vehicle.
Do not change your children’s school (without an agreement between the parties).
Do not stalk or harass your spouse (this even means excessive texts, calls, and emails).
Do not discuss the divorce in front of your children.
Do not ask your children who they want to live with (as adults and judges make this decision, not children).
Do not alienate your children from your spouse.
Do not ask your children to take sides.
Do not discuss your divorce on social media.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

The Biggest Concern When Divorcing Without Minor Children: It’s About The Money

August 26, 2022 By Laurie Schmitt

Divorcing when there are no minor children certainly should be easier than couples who must address custody, parenting time, and child support. However, even when there are no issues regarding children to discuss, couples still must address the touchy subject of money. And discussions surrounding money are never easy.

The three biggest concerns that couples with no children must address are spousal support, division of assets, and separate property. And addressing these concerns can lead to challenges for couples.

Below are the three biggest financial concerns that couple must address when divorcing without children:

1. SPOUSAL SUPPORT:

Many factors are considered by the court as relevant in determining whether spousal support should be awarded. If the parties are unable to reach an agreement on the amount and length of time spousal support will be paid, the issue must be decided by the judge. If the issue of spousal support must be adjudicated, the court will look to the following factors is deciding on amount and duration of a spousal support award: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the ability of the parties to work, (4) the source and amount of property awarded to the parties, (5) the age of the parties, (6) the ability of the parties to work, (7) the present situation of the parties, (8) the needs of the parties, (9) the prior standard of living of the parties, (10) general principles of equity.

2. DIVISION OF ASSETS:

Think of it this way, everything is considered a marital asset until it’s proven otherwise. This includes all real property, personal property, vehicles, recreational vehicles, boats, retirement accounts, 401K’s, IRA’s, stocks, bonds, and the list goes on. If you own it, it’s a marital asset until one party shows the court otherwise. And the basic Rule: the marital estate is divided between the parties (fairly, not necessarily equally).

3. SEPARATE PROPERTY ISSUES:

Courts distinguish between marital property and separate property, with separate property being property acquired before the parties married, and marital property being property acquired during the marriage. Michigan has adopted a doctrine called the doctrine of non-invasion of separate property. As a general rule, separate property (before marriage) is awarded to the party who owned the property prior to marriage, unless the other party substantially contributed to its acquisition or appreciation or the estate is otherwise insufficient. (For example, if you purchased your home before marriage, the increase in value of the property during the marriage will often be considered marital.)

However, Michigan law allows the trial court to invade the separate assets of a party under two distinct exceptions: First, “if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party” and second, “if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property.” Even if separate property of one party is awarded to the other spouse, the ultimate property division is to be fair and equitable under all of the circumstances of the case.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property division in your divorce.