Who Gets The House After A Divorce?

In the state of Michigan, courts will make a decision on who gets the house after a divorce based on the principles of equitable distribution. The court may take into account factors such as life necessities, economic stability, income potential, and any other special circumstances that could affect how marital property should be split among the parties. Ultimately, the court strives to provide an equitable outcome that meets both spouses' needs.

Length of Marriage 

For short-term marriages, the court typically tries to return each spouse to their pre-marriage financial state. Property owned or acquired before the marriage is more likely to be awarded to the original owner. As marriages lengthen, more marital property becomes subject to division between spouses. The longer the marriage, the more likely that all assets will be divided equitably between both parties.

Age of the Parties

The ages of both spouses can be a factor in how a court will divide marital property. Generally, if both parties are at an age where they can still earn income and build assets on their own, courts are more likely to award each spouse their own separate property and let them be responsible for their own future finances. In contrast, when one party is either significantly older or has limited earning potential due to physical or mental disabilities, the court may order a more generous division of assets in order to ensure that the disadvantaged spouse is provided for in the future.

Health of the Parties

The overall health and mental stability of each spouse can be a factor in how a court will divide marital property. Generally, if both parties are in good health and have a sound financial understanding, they may choose to divide their assets equally or nearly equally. However, if one party has significant physical or mental disabilities that affect their earning potential or ability to care for themselves, the court may award them a larger share of the marital property to ensure that they are provided for in the future.

Earning Abilities of The Parties

The earning abilities of both spouses can be taken into consideration when courts are making determinations about the division of marital property. If one spouse is able to make significantly more money than the other, the court may choose to award a larger share of the assets to the spouse with lower or no earnings as a form of providing for their future financial security. On the other hand, if both parties have similar earning capacities and are in good health, then it is more likely that each party will receive an equal or almost equal share of the marital property.

Necessities and Circumstances of the Parties

When making determinations about how to divide marital property, courts may take into account the life necessities and circumstances of each party. Factors such as age, past payments or contributions made to the marriage, incapacity caused through disability or illness, and any other special circumstances can all be taken into consideration when dividing assets between the parties. The court's main focus is to help both spouses reach a fair settlement that will meet their individual needs without sacrificing either party's economic stability.

Other Factors That Impact Property Division In Michigan

In Michigan, the division of marital property is based on the law of equitable distribution. This means that the court will consider a variety of factors to ensure a fair outcome. Besides life necessities and health of the parties, other factors such as pre-marital assets, separate inheritances, length of marriage, income potential of each partner, debts incurred during marriage, and tax implications can all be evaluated when determining how marital property should be divided. Ultimately, the court seeks to provide an equitable division that meets both spouses' needs and considers any relevant facts or circumstances.