Is Michigan a community property state in divorce?

Is Michigan a community property state in divorce?

Is Michigan a Community Property State? No. Michigan is an equitable distribution state, which means that divorce courts in Michigan may distribute the marital assets of spouses in a way they believe is fair. Equitable (fair) distribution is not necessarily an equal distribution.

How do courts divide assets in a divorce?

When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally.

How does a judge decide who gets the house in a divorce?

In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.

Can a spouse force another to move out?

Both spouses are allowed to live in the family home while they are separated, no matter who owns it. In theory, one spouse can’t force the other out. A spouse who decides to leave can return whenever he or she wants to. It’s better if the spouses can agree on who will stay in the home if they decide to separate.

What happens when a spouse moves out?

Moving out of the marital home may require permission from the other spouse to avoid the possible charge of abandonment, and communication with the spouse and a legal professional in this situation is key. The person that moves out may still have a right to the marital home during a divorce or even in separation.

Should I move out of the house before divorce?

Do not move out of your home before your divorce is finalized. The person who leaves, even if it’s because they’re shocked by the news that their spouse wants a divorce, is legally considered abandoning the family.