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3 things you can expect from the property division process

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Divorce can be a very messy situation, regardless of whether a split is amicable or contentious. This is because there are legal elements of divorce that must be resolved, and these elements aren’t always easy to understand.

For instance, you will need to divide your marital property when you divorce. This process is complex and invites countless questions from people who are understandably worried about their financial future. In an effort to make things a little easier to understand, we will discuss some basic expectations you can have regarding property division in Michigan.

Expectation #1: Your property will be divided fairly.

Michigan follows equitable distribution rules when it comes to property division, which means that division of marital property will reflect what is fair, or equitable. In most cases, spouses will walk away with roughly half of the marital estate, but courts can and do make adjustments if there is reason to do so.

Expectation #2: Separate property will stay with the owner.

Property that belongs to one person is separate property, not marital property. Therefore, it will likely not be eligible for distribution. This can include gifts or inheritances for one person or property that was owned by one person prior to the marriage, as long as it was kept separate during the marriage.

Expectation #3: Disagreements will arise.

Even if you and your ex agree on nearly everything, disputes can and often do arise during property division, considering how much is at stake. You might argue over whether property is marital or separate, property valuation or who should get items with sentimental value.

Although there are exceptions, these are a few things you can generally expect from the property division process in Michigan. Managing expectations is crucial when it comes to things like divorce settlements, as wild demands and unfamiliarity with the law can lead to drawn-out battles and costly mistakes.

Thankfully, you don’t have to figure this all out on your own. You can work with an attorney who can guide you through this process and help you resolve any questions or complications that arise.

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