Property Division in Divorce

 

 

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Introduction

Property division in Michigan is governed by equitable considerations. Johnson v Johnson, 346 Mich 418 (1956). The specific facts and circumstances of each individual case are highly relevant. When dividing marital property, neither party is presumptively entitled to a greater share of the marital assets, nor responsible for a greater share of the marital debts.

 

I. General presumptions in division of property and debts

  1. All property and debts are marital.

  2. Neither party is inherently entitled to a greater share of the marital assets or responsible for a greater share of the marital debts.

  3. These presumptions may be rebutted, but the burden of proof is on the party seeking to exclude asset as separate or seeking an unequal division of the marital estate.

 

Links to key issues in Property Division

 

This information comes directly from the Washtenaw County website which is "public domain." Except for formatting, no changes have been made to this material. It is included herein with the specific knowledge of the County webmaster. Further, as a Washtenaw County Circuit Court writing, this is neither binding precedent nor governing dictate even on other judges in this specific county. Last updated to divorcePeers.com August, 2002.

 

► List of Divorce Peers resources: Financial

"The Messy (Legal) Steps of Divorce"
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (C)
Divorce Court - Property division precedents
Divorce Court - Property division precedents, "Separate Property"
Divorce Court - Property division precedents, "Special Property Issues"
Divorce Court - Property division precedents, "Unequal Property Divisions"
Divorce Statistics - By What Criteria Do We Choose Partners?
Divorce Statistics - Net Worths, after Divorce
Divorce Statistics - Visitation and Child Support, Divorced Parents
Title to Property: Words Determine Rights

 

► List of Divorce Court resources: Rule of Law

"The Messy (Legal) Steps of Divorce"
"Three Levels of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Property division precedents
Eavesdropping between Divorced Parents
One Mediator's Life as a Parent
Title to Property: Words Determine Rights

 

► List of all Divorce Court resources

"The Messy (Legal) Steps of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - "Forget Me Not" Program for Never Married Parents
Divorce Court - "Reasonable" Parenting Time, Defined
Divorce Court - "SMILE" Program Description, Advice
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Mediation Overview
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Parenting Time Make-Up Policy
Divorce Court - Property division precedents
Divorce statistics - Michigan Divorces, Wayne County (MI)
Eavesdropping between Divorced Parents
In Favor of Mediation
One Mediator's Life as a Parent
Title to Property: Words Determine Rights
Why Not Date During Divorce?

 

 

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