Legal Question in Family Law in Michigan

Re: Divorce Settlements

Depends. Many factors come into play in determining the value of a marital estate in Michigan. The general rule is that property owned prior to the marriage is separate property and not part of the estate. However, if such property is commingled into the marital estate then it so becomes part of the estate. Factors to be considered include the length of the marriage, joint funds used to purchase, maintain, repair, etc. the property. The equity you had in the property prior to the marriage should be counted as your personal property and not part of the marital estate. The increase in value and/or equity during the marriage should be (usually) considered part of the marital estate and subject to division in the property settlement. For example, you have $100 equity in real property at the time you enter into marriage. The value of the property increases to $200 during the marriage. The $100 increase should be considered marital property and divided between your spouse and you. In this case $50 to each of you. The other $100 is yours as being premarital property. Other factors influencing equity may come in to play to affect the distribution. You should consult the assistance of an attorney if the other party disputes what should be considered marital property and subject to division.