Office

The following are frequently asked questions about Property Division, provided by Divorce Attorney, Timothy Trichler.  Click on a question below:

How does the court value property?
Is property always divided 50/50?
How are debts divided?
I am afraid my spouse is hiding assets. What should I do?
I have a pre-nuptial agreement. Is it valid?
My spouse is 100% at fault. Will I get all the property?

How does the court value property?
The court usually relies on what the Fair Market Value of the property is. This value is what a willing and knowledgeable purchaser would pay in a fair transaction. The more interesting question is: What date does the court use when determining value? Is it the date the parties separated? It is the date the case was filed? Or, is it the date the divorce was granted? Answer: The judge can use any of these dates and is not obligated by law to use any one of them.

Back to top

Is property always divided 50/50?
No. Although Michigan is a so-called no fault state, fault can be used as a basis for awarding one of the spouses more than 50%. However, 99% of cases end up dividing the property very close to 50/50.

How are debts divided?
A debt is really just a negative asset. As with assets, they are usually divided 50/50. Although in some cases, the court may divide them on the ratio of the parties’ incomes and/or their ability to pay. Or in very short term marriages, the court may give each party the debt load they came into the marriage with.

Back to top

I am afraid my spouse is hiding assets. What should I do?
This problem is really quite rare. However, if you suspect this is going on, you must contact your attorney right away. All good attorneys have methods for and experience in tracing assets. Hiding assets is also a civil and possibly a criminal offense.

Back to top

I have a pre-nuptial agreement. Is it valid?
This is a very difficult question. The agreement must be examined by a qualified family law attorney. If the agreement is drafted properly and each side was represented by counsel at the time it was signed, they are usually valid and enforceable. They are not illegal in Michigan.

Back to top

My spouse is 100% at fault. Will I get all the property?
No. First, proving that your spouse is 100% at fault is next to impossible. Assuming that you can prove this, the court's have had a history of not awarding more than 60% to the aggrieved spouse.

Back to top

The above divorce related content is meant as a guide to answer some of your questions dealing with property division and divorce.  For more specific answers to your particular divorce situation, please contact us by email or call us for a free initial phone consultation.  Trichler Law has two convenient locations in Cadillac and the Grand Rapids area providing divorce related legal services to Northern and West Michigan.

Divorce & Family Law