Dividing Marital Property!


#Genesee- Did you know how marital property is divided? ”

A “trial court’s first consideration when dividing property in divorce proceedings is the determination of marital and separate assets.” Reeves v Reeves, 226 Mich App 490, 493-494; 575 NW2d 1 (1997). ”

“As a general principle, marital property is property acquired or earned during the marriage, while separate property is obtained or earned before the marriage. Cunningham v Cunningham, 289 Mich App 195, 201; 795 NW2d 826 (2010). ”

“However, separate assets acquired before marriage become part of the marital estate “if they are commingled with marital assets and treated by the parties as marital property.” Id. (quotation marks and citation omitted). ”

Generally, marital assets are subject to division between the parties, but the parties’ separate assets may not be invaded. Woodington v Shokoohi, 288 Mich App 352, 358; 792 NW2d 63 (2010).”

Genesee County Flint Attorney Terry Bankert 810-235-1970 @TerryBankert.

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