Disparate Property Division?

25 July 2024
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Category: Blog
25 July 2024, Comments: 0

The Michigan Court of Appeals affirmed a division of the Marital estate.

Michigan case law provides that the goal in distributing marital assets in a divorce proceeding is to reach a “fair and equitable” distribution of property in light of all of the circumstances. The division does not need to be equal, only be equitable. An equitable distribution of marital assets means that they will be roughly congruent. However, any significant departures from congruence must be explained clearly by the court.

The Appellant in Docket # 365298, argued that the division of the marital estate in his case was not roughly congruent because he only received 36.89% of the marital estate.

In disagreeing and affirming the decision of the trial court, the Court of Appeals held that the Appellant in being awarded property and its associated debt and although the total debt on those assets was not insignificant, the trial court found that Appellant could liquidate the assets that he was awarded in order to pay off the associated debts and receive a “fresh start” free of those debts.

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