Who Gets the House?

In Michigan, marital property is usually divided equally.  Attorneys help their clients negotiate the settlement of their property. If the parties do not reach a settlement, the court will decide the matter at trial.  Mediation (and sometimes arbitration) will also be used to assist in reaching a settlement.

In a case that the property is titled separately, the courts are required to consider whether the property was owned by one party before the marriage or inherited. In Michigan, courts can consider and divide these types of property based upon the facts of each case.

In determining property issues, the courts may consider many factors, including:

  1. Contributions of the parties to the marital estate;
  2. Necessities and circumstances of the parties;
  3. Earning abilities of the parties;
  4. Past relations and conduct of the parties (fault); and
  5. General principles of equity.