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Property Division

Clinton Township Property Division Lawyers

As an equitable distribution state, Michigan law does not require a 50/50 split of a couple’s marital property. Rather, the law requires that the property be divided in a fair and equitable manner. Property division is frequently one of the most highly contested portions of a divorce, and the assistance of a reliable lawyer can help to ensure that you receive a fair property settlement.

The attorneys at Iafrate & Salassa, P.C., have represented countless clients in these frequently complex cases. From determining if a business valuation is necessary to the division of personal property, we do everything in our power to protect your interests at all times.

Protecting Your Marital Property Rights

In every marriage, there are two types of property: separate property and marital property. Separate property consists of anything you owned independently prior to the marriage, inherited or received as a gift. Conversely, marital property is anything that you and your spouse acquired during the course of your marriage. During divorce proceedings, only marital property is generally considered part of the marital estate and, thus, subject to division. However, in some cases, separate property can be viewed as marital property as a result of commingling or other means.

We take the time to fully understand your goals with regard to the division of assets and develop a plan designed to help you reach them. If there is a dispute over whether a particular asset is separate or marital property, we will present the strongest possible argument to support your position.

Discuss Your Questions with a Dedicated Attorney in Macomb County

Contact our Clinton Township law office today to discuss your property division concerns with a lawyer. We offer a free initial consultation to each client. You can reach us by phone at (586) 263-1600 or via our online contact form to get started.

FAQs About Property Division in Michigan

Can my separate property ever be counted as marital property?

Yes, separate property can be treated as marital property if it has been mixed, or commingled, with marital assets or used for marital purposes. For example, using an inheritance to pay for a family home could complicate its classification. Our attorneys can help you clarify the legal status of your assets during the division process.

What happens if my spouse and I disagree on the value of an asset?

Disputes over asset valuation, such as real estate or businesses, are common in divorce. In these cases, professional appraisals or valuations may be necessary. Our attorneys can help coordinate these efforts and advocate for a fair resolution.

How are businesses handled in property division?

Businesses are often one of the most complex assets to divide. Factors like ownership, contributions, and valuation play a significant role. Whether you’re a business owner or your spouse owns a business, our team can help protect your financial interests.

Can I keep the family home after the divorce?

Retaining the family home depends on factors like financial feasibility and whether it aligns with your long-term goals. Our attorneys can help you evaluate your possible options, whether it’s keeping the home or negotiating a fair buyout.

How are retirement accounts divided in a divorce?

Retirement accounts, including pensions and 401(k)s, are generally divided equitably according to the amount gained during the marriage. This is typically done through a Qualified Domestic Relations Order (QDRO), which ensures the division complies with legal requirements and avoids penalties.

What can I do to protect my financial interests during a divorce?

Protecting your financial interests starts with understanding your rights and gathering documentation of all assets and debts. Our attorneys can help you develop an appropriate legal strategy designed to protect your financial future.

Contact our family law
attorneys today.

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