Property Division in a Michigan Divorce: How Is Marital Property Divided?
- Royce Nunley
- Jul 20
- 3 min read
Understanding the Division of Marital Property with The Nunley Law Group
Divorce is never easy—emotionally, mentally, or financially. At The Nunley Law Group, a top-rated family law firm in St. Clair Shores, Michigan, we understand how overwhelming the process can be, especially when it comes to dividing property and debt. Our compassionate, experienced attorneys are here to guide you through every step with clarity and confidence.
Understanding Michigan’s Approach to Property Division in Divorce
Michigan is an equitable distribution state. That means property and debt are not automatically split 50/50—instead, they are divided fairly based on the unique circumstances of your case. The court aims to reach a just and equitable division, not necessarily an equal one.
What Is the Marital Estate?
The marital estate includes most assets and debts acquired during the marriage. This may involve:
The marital home
Bank accounts
Retirement accounts
Vehicles
Credit card debt
Mortgages and loans
Business interests
Assets or debts acquired before the marriage, or received as a gift or inheritance, are generally considered separate property—unless they were mixed (commingled) with marital assets.
Equitable Distribution vs. Community Property
In community property states, everything acquired during marriage is split 50/50. Michigan, however, uses equitable distribution, which considers factors like:
Length of the marriage
Contributions of each spouse (financial and non-financial)
Earning abilities and health of both parties
Needs of any minor children
Fault or misconduct in the marriage (in rare cases)
What About Debt?
Just like assets, marital debt is also subject to division. This can include:
Joint credit card balances
Medical bills
Car loans
Home equity loans
It’s important to know that even if the court assigns a debt to your spouse, creditors may still come after you if your name is on the account. An experienced attorney can help you understand your rights and protect your credit.
Common Questions About Property Division
Q: What happens to the house?
A: If children are involved, the primary caregiver may be awarded the home temporarily. Otherwise, it may be sold and the proceeds divided, or one spouse may “buy out” the other.
Q: Do I have to share my retirement savings?
A: In most cases, retirement accounts accumulated during the marriage are marital property, and may be divided using a Qualified Domestic Relations Order (QDRO).
Q: Can we make our own agreement?
A: Yes. Property settlements can be reached through negotiation or mediation, and are often more cost-effective and less stressful than going to court. A judge must still approve the settlement to ensure it’s fair.
Why You Need an Experienced Legal Team
The division of assets and debt can significantly affect your financial future. At The Nunley Law Group, we combine legal strength with heartfelt support to help you navigate this complex process of Michigan property division In divorce. We’ll:
Help identify and value all marital assets and debts
Protect your rights to property you’re entitled to
Negotiate a fair settlement or represent you in court
Ensure no assets are hidden or undervalued
Let Us Help You Move Forward
You don’t have to face this difficult time alone. The Nunley Law Group has helped countless families in Macomb, Oakland, and Wayne Counties successfully navigate divorce with dignity and strength. We’re here to answer your questions, protect what matters most, and ensure you’re set up for a stable future.
📞 Call us today for a confidential consultation.We’re ready to fight for you—because you deserve peace of mind.
| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.
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