Marital Property

Marital Property Lawyers In Birmingham

We represent clients in 9 counties: Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer and St. Clair.

Learn More About the Rights Afforded to You by Michigan Law

Marital property may include real property, personal property, family business, income, investment accounts, retirement plans and retirement benefits that were acquired during the marriage.

Michigan is an equitable distribution jurisdiction for the division of marital property. This means there are no rigid formulas and the court must use its discretion to make a property division that is equitable.

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What’s the difference between marital property and separate property?

Property can be divided into two categories: marital property and separate property.

Separate property is a property that a party owned prior to the marriage, gifts, inheritances or property described in a prenuptial agreement. Separate property may become marital property if it was brought into the marital estate by commingling, transferring title or through active participation.

Representing clients in Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer, and St. Clair counties.

Consultations are available in-person and by phone for FREE.

How Is Marital Property Distributed?

The parties, with their attorneys or with the help of a mediator with your attorney present, can usually arrive at an equitable distribution of the marital property. If the parties cannot reach a settlement, the court will distribute the marital property between the parties after a trial. The court will usually award separate property to its owner unless the other party meets one of two statutory tests.

Our attorneys are experienced in dealing with separate property and, depending on your particular circumstances, will advise you of any potential separate property issues.

These can be explained in detail by your family law attorney.

What Factors Are Considered When Distributing Marital Property?

The court may consider the following factors when distributing marital property:

  • The length of the marriage;
  • The age of the parties;
  • The health of the parties;
  • The life status of the parties;
  • The necessities and circumstances of the parties;
  • The earning ability of the parties;
  • The contributions of the parties to the marital estate;
  • The source of the property;
  • The cause of the divorce, including fault in the breakdown of the marriage; and
  • Any other relevant factor the court deems necessary.

What About Family Businesses?

The family business may be an important part of the marital estate. Our attorneys are experienced in business valuations and appraisals and can help you decide if you need to hire a forensic CPA, financial analyst, or other expert to obtain an accurate valuation for the business.

Protect Your Assets with a Skilled Marital Property Lawyer

When going through a divorce, one of the most important aspects to consider is the division of marital property. At The Law Firm of Victoria, P.C., our experienced team of marital property lawyers in Birmingham is dedicated to helping you protect your assets and ensure a fair distribution.

Here are some key reasons why hiring a skilled marital property lawyer is crucial:

  • Expertise in Michigan family law: Our Birmingham marital property lawyers have in-depth knowledge of the specific laws and regulations governing marital property in Michigan. We can guide you through the legal process and advocate for your rights.
  • Asset valuation: Determining the value of assets can be complex, especially when it comes to properties, businesses, and retirement plans. Our lawyers have the necessary expertise to accurately assess the value of your assets and ensure a fair division.
  • Negotiation and settlement: We understand that litigation can be time-consuming and costly. Our lawyers are skilled negotiators and can work towards a fair settlement that protects your interests and avoids unnecessary court battles.
  • Protecting separate property: It is important to distinguish between marital property and separate property. Our lawyers can help you identify and protect any assets that are considered separate property, ensuring they are not subject to division.
  • Handling complex cases: If you have a family business or complex financial arrangements, our lawyers have the experience to handle these unique situations. We can work with financial experts and other professionals to ensure a fair distribution of assets.

Don't go through the divorce process alone. Contact The Law Firm of Victoria, P.C. today to schedule a consultation with one of our skilled marital property lawyers in Birmingham.

If you have any questions about how your property and assets may be divided in the case of a divorce, call our divorce attorneys at (248) 780-1775. 

Consultations are available in-person and by phone for FREE.

Talk To Our Marital Property Attorneys Today

How Are Retirement Plans & Benefits Handled?

Retirement plans and retirement benefits acquired during the marriage are an important part of the marital estate. These retirement assets need to be divided equitably in the judgment of divorce. Once divided in the judgment of divorce these retirement assets need to be distributed through a Qualified Domestic Relations Order (QDRO) or an Eligible Domestic Relations Order (EDRO). If the QDRO or EDRO is not properly entered with the court and approved by the plan administrators, you may not actually receive the retirement assets.

Can Marital Property Distributions be Modified?

Property distributions placed on the record in open court or stated in the judgment of divorce are final, and usually not modifiable, except in cases of fraud, mistake, or duress.

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