Bloomfield Hills Marital Property Division Lawyer

Marital Property Division Attorney in Bloomfield Hills, FL

One of the most common points of contention during the divorce process is the distribution of marital assets. If you are going through a divorce, a Bloomfield Hills marital property division lawyer can help you during negotiations. They can advocate for you and work to protect your financial interests. 

At Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C., we have dedicated over 25 years to representing the people of Ann Arbor, Bloomfield Hills, and people throughout Southeast Michigan in their marital property division cases. Our team has decades of combined experience handling property division with a compassionate approach that prioritizes minimizing tensions between spouses.   

Overview of Marital Property Division Cases in Michigan

Divorce is one of the most common civil cases filed across the country. In 2023, the Michigan Department of Health & Human Services reported 20,491 divorces statewide, for a divorce rate of 4.1 per 1,000 people. Oakland County has a slightly lower rate of 3.7 per 1,000 people, but Bloomfield Hills residents still encounter marital property division matters amid divorce.

These cases are typically handled through the Oakland County Family Division of the Circuit Court, located at 1200 North Telegraph Road, Pontiac, MI 48341. A reputable Bloomfield Hills marital property division lawyer knows the local family court judges and staff and is well-respected among them.

Marital Property vs. Separate Property

The distinction between marital property and separate property is crucial to understand when approaching a marital property division case. Marital assets typically include anything that was acquired by either spouse, regardless of how it is titled, whether earned or bought, during the course of the marriage. Common examples of marital property include vehicles, real estate, bank accounts, investments, and even furniture.

Separate property is the term for assets not included in marital property division proceedings. This usually encompasses belongings acquired before the marriage that have not been commingled, inheritances that have not been commingled, or gifts that have not been commingled. Separate property may become marital not only through commingling, such as transferring pre-existing funds into a joint bank account, but also when there is a need to invade the separate property for the support and maintenance of the other party and/or children. With the help of a knowledgeable Bloomfield Hills marital property division attorney, you can determine what is separate, marital, and commingled.

How Marital Property is Divided in Michigan?

In Michigan, marital property division is based on what is deemed fair and reasonable, rather than an even split. While Michigan is not a fault-based divorce state, transgressions during a marriage can play an important role in deciding who gets what belongings. A few factors that can determine how marital assets are distributed are listed below:

• Length of a marriage. Shorter marriages tend to result in both parties keeping what they already had, while longer relationships can lead to complex divisions.
• Earning capacity. Courts consider each spouse’s reasonable earning potential and how it may have contributed to the quality of life during the union.
• Contributions. The contributions that each partner made to the marriage can be a central element in property division. This can be financial and linked to direct income, or non-financial, such as household and/or child-rearing duties performed.
• Each spouse’s behavior. Past or present misconduct can play a role in deciding who gets what. Documented abusive behavior, adultery, and financial negligence can all be considered, but may have a limited impact depending on the particular facts.
• The amount of assets and debt each party will be taking away from the marriage. For example, a party’s inheritance may be separate: however, if it is large, the result could be that the other spouse will receive more of the marital assets.

Hire a Marital Property Division Lawyer

Marital property division can be a tricky aspect of divorce to handle alone. The extensive financial knowledge a legal professional can provide, combined with creative negotiation tactics, makes it easier on everyone when one or both parties hire a marital property division lawyer to help with the proceedings. Your Bloomfield Hills marital property division attorney can bring essential experience and provide key services, like those listed below:

• Categorizing assets. A qualified Bloomfield Hills marital property division lawyer can define what counts as marital or separate assets for an agreeable division of property.
• Evaluating property. An attorney can organize and evaluate the true worth of property.
• Mediating. Some marital property division cases simply require a neutral third party that can work to keep discussions productive. A comprehensive Bloomfield Hills marital property division lawyer can play this role and seek to reduce tension.
• Negotiating. In more contentious talks, your lawyer can negotiate on your behalf and work for a deal that aligns with your needs and preferences.
• Representing. Legal counsel can effectively represent a party in the event that the case must go before a judge for resolution.  

FAQs

Is Your Spouse Entitled to Half of Your House if It’s in Your Name in Michigan?

Even if your house is in your name, you may have to split the equity in it in a Michigan divorce, though not necessarily by exactly half. Under marital property division laws, you may be required to provide half of the house’s value if it was obtained during the marriage, even if the house and/or the mortgage are only in one spouse’s name. Real estate may be excluded if the property was owned before the marriage or was inherited and has not been commingled by way of the other spouse’s financial and/or physical or organizational contributions to the real estate. 

How Long Does Marital Property Division Take in Michigan?

The time that a Michigan marital property division case can take to resolve depends on a range of factors. First, if a marital property division case is contested, it can take longer than a case that is uncontested. Collaborative divorce proceedings typically take less time, including property division, in part because a financial neutral works efficiently to help lay out the facts and available options. Another factor is the complexity of assets. Matters with many high-value belongings or suspicions of hidden assets can take longer to resolve than those with few to no valuable properties, sometimes because a business or pension needs to be valued.  

Do You Need a Lawyer for a Marital Property Division Case in Michigan?

Although you are not legally required to have a lawyer for marital property division discussions in Michigan, it is highly recommended that you do have one. A skilled attorney can review the true value of assets, advocate for you during negotiations, organize belongings, and work to find a resolution that works for all parties. There are a myriad of issues that come with dividing a marital estate, and without a qualified lawyer, you may miss some or all of them.

Does Your Spouse Get Half of All Assets in a Michigan Divorce?

No, your spouse is not guaranteed to get half of all marital assets in a Michigan divorce. Michigan is an equitable distribution state, meaning property is split based on what is fair, rather than 50/50. Courts consider a variety of details, such as the length of a marriage, the financial and non-financial contributions to the union, the financial needs of each spouse, and each spouse earning capacity.  ody matters, including mediation, negotiation, Collaborative practice, and arbitration. Crafting a resolution that works for you generally leads to a better co-parenting relationship and more willingness to abide by the terms of the agreement.

Speak With a Bloomfield Hills Marital Property Division Attorney Today

Our team at Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C., understands the financial and emotional difficulties a divorce brings. We can use our decades of experience handling separation and marital property division cases to guide you through the legal process of marital property division. 

Contact us to schedule your initial consultation. In this meeting, we can discuss the details of your case, including the divisible assets in your divorce. If you’re looking for a Bloomfield Hills marital property division attorney with a no-drama approach, we can provide you with this. Visit one of our conveniently located offices in town, located at Woodward Avenue west of Vhay Lake, north of Cranbrook, and south of Interstate 75 Business Loop.