For many Michigan families, the marital home is far more than real estate. It often reflects years of shared experiences, hard work, and financial commitment, while also serving as a place of comfort and consistency for children. When a marriage ends, deciding the future of that home can be one of the most challenging and emotionally charged aspects of the divorce process.
Because the home often holds significant financial and personal value, our Plymouth family law attorneys at Steslicki & Ghannam, PLC believe understanding how Michigan law addresses property division is critical for protecting your future.
How Property Division Works in Michigan
In Michigan, the law follows the principle of equitable distribution. This means that when a couple divorces, the court aims to divide marital assets in a manner it considers fair, but that does not always mean a perfect 50/50 split.
A home purchased during the marriage is typically classified as marital property, and even a house owned by one spouse before the marriage can become partly subject to division. If the other spouse helped pay the mortgage, invested in renovations, or contributed in ways that increased the home’s value, the court may determine that portion of the property is marital and should be divided accordingly.
Options for Dividing the Family Home
Once a home is classified as marital property, there are several possible outcomes. The couple may agree on a solution, or the court will decide if they cannot agree.
Common options include:
- Selling the home and dividing the proceeds between both spouses.
- One spouse buying out the other’s interest to keep the home.
- Co-owning the home temporarily, often until children reach a certain age, after which the house is sold.
Each option has advantages and challenges. Selling the home provides a clean break but may be difficult emotionally. A buyout allows one spouse to stay but requires financial resources or refinancing. Co-ownership can offer stability for children but may create ongoing conflict between former spouses.
Considering the Best Interests of Children
When children are involved, Michigan courts often place strong emphasis on providing stability. This may mean allowing the parent with primary custody to remain in the family home so children can continue attending the same school and living in a familiar environment. However, the financial realities of maintaining the house are also considered. A parent who remains in the home must typically demonstrate the ability to afford the mortgage, taxes, and upkeep.
Financial Factors to Keep in Mind
Dividing a family home during divorce is not just an emotional decision, but a financial one. Couples must consider the value of the house, outstanding mortgage balances, and any equity built over the years. Refinancing may be required if one spouse keeps the house, and taxes can also play a role in determining how assets are divided. Working with professionals such as real estate appraisers and financial advisors can help ensure that the division is fair and that long-term financial stability is protected.
Protecting Your Rights During Property Division
The family home often represents the most significant asset in a Michigan divorce, and the outcome of this decision can shape your financial future. At Steslicki & Ghannam, PLC, our Plymouth divorce attorneys understand the emotional and financial stakes involved in property division.
We work with clients in Wayne County and throughout Michigan to ensure their rights are protected and their voices are heard in negotiations and court proceedings. If you are facing divorce and have questions about what will happen to your family home, contact us today to schedule a confidential consultation.
