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DIVIDING MARITAL PROPERTY
How will the court divide your property in a divorce proceedings? The court is guided by the following.
“Equitable distribution of property, in light of all the circumstances, is the goal when distributing marital assets in a divorce proceeding. Butler v Simmons-Butler, 308 Mich App 195, 208; 863 NW2d 677 (2014). “
[For additional Family Law Divorce information contact Flint Area Lawyer Terry Bankert 235-1970 or http://www.attorneybankert.com ]
“When determining what is equitable, a trial court should consider each party’s age, health, needs, station in life, and earning capacity; the length of the marriage; contributions to the marital estate; fault of the party; and other equitable circumstances. Id.” 
“Before dividing property, the trial court must first determine which assets are marital assets and which are individual assets. Reeves v Reeves, 226 Mich App 490, 493-494; 575 NW2d 1 (1997). “
“There is a general presumption that all the debt which accumulated during the marriage is marital debt. See Lesko v Lesko, 184 Mich App 395, 401; 457 NW2d 695 (1990), overruled on other grounds Booth v Booth, 194 Mich App 284, 291; 486 NW2d 116 (1992). “
“However, the trial court, after weighing witness credibility, determines whether a debt is a joint debt or “the individual responsibility of one of the parties.” Reed v Reed, 265 Mich App 131, 157; 693 NW2d 825 (2005). “
“Thus, the trial court may order that marital funds be used to pay a marital obligation which accrued after the complaint for divorce was filed, but before the judgment of divorce is entered.”(see Gyorke no.330375,4/25/17 unpublished) @terrybankert

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