Who Gets What? Understanding Property Division in Michigan After a Divorce.
Dividing up assets during a divorce isn’t just emotional—it’s legal.
And in Michigan, the law has a few things to say about who gets what.
Whether you’re worried about the house, the retirement accounts, or your dog (yes, really), here’s what you need to know about property division in a Michigan divorce.
⚖️ Michigan Is an “Equitable Distribution” State
Let’s get one thing straight:
Equitable does not mean equal.
Michigan follows equitable distribution, which means the court aims for a fair division of property—but not necessarily a 50/50 split. The court looks at multiple factors to decide what’s fair based on your situation.
🏠 What Counts as Marital Property?
Marital property includes most assets and debts acquired during the marriage, such as:
The marital home (even if only one name is on the deed)
Bank accounts, investments, retirement savings
Vehicles, furniture, and personal property
Debts (yes, you may be splitting those too)
🔐 What About Separate Property?
Separate property is typically not divided and may include:
Property owned by one spouse before marriage
Inheritances or gifts received by one spouse during the marriage
Property excluded by a valid prenuptial agreement
⚠️ But here's the catch: If you commingle (mix) separate property with marital assets—like putting inheritance money into a joint account—it might be considered marital.
🔍 What Do Courts Consider When Dividing Property?
Michigan courts look at several factors, including:
Length of the marriage
Each spouse’s financial situation
Contributions to the marriage (including being a stay-at-home parent)
Earning potential and education
Age and health of each spouse
Whether one spouse wasted or hid assets
Bottom line? The court isn’t just splitting things in half—it’s making judgment calls based on fairness.
🏡 What About the House?
The marital home is often the biggest asset—and the biggest headache. Options include:
One spouse keeps the house and buys out the other
Selling the house and splitting the proceeds
One spouse stays until the kids turn 18, then the home is sold
It’s rarely one-size-fits-all. Legal and financial advice is key.
🐶 What About the Pets?
Sorry, animal lovers—Michigan treats pets as property, not children. So Fluffy and Fido could be up for negotiation like a couch or a car.
(But many judges are willing to be reasonable if both parties agree.)
👨⚖️ Can We Decide Property Division Ourselves?
Yes! In fact, most divorces settle out of court.
You and your spouse (with your attorneys) can negotiate a property settlement that works for everyone. The court will approve it as long as it’s fair.
🧭 Final Thought: Don’t Go Through It Alone
Dividing property after a divorce can be stressful, confusing, and full of legal landmines. A trusted attorney can help you protect your rights and negotiate what you deserve—without turning everything into a war.
At Newburg Law, we’re here to help you move forward—fairly, confidently, and with less drama.
🛡️ Your Family. Your Future. Your Foundation.