When the divorce is finalized, you return home to an empty house. What can I do if my ex-husband abandoned us and grabbed everything? Keep in mind that you own half of the items in the house and your spouse owns the other half. Making an inventory is the smartest move to make. You may easily record a video of what is within the house. You have two options: either you restore it or you sell it for what it is worth.
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Coming home to an empty house after a divorce can be distressing for the children. In order to have everything restored, you might need to submit a motion to the court. If you, the spouse, are considering packing up the entire home, you should first consult with an attorney. You must approach the court to order that no one should touch certain assets if you want to keep them.
Half Of The Marital Asset Is Split 50/50
Michigan divides marital property according to the “equitable distribution” principle. Asset distribution in states with community property is intended to be as equal or close to a 50/50 split as practicable. Equitable distribution refers to the division of property based on an evaluation of what is just in each situation.
In states with community property laws, the court must divide the marital estate equally when a couple files for divorce. Judges in states with equitable distribution have the discretion to stray from a 50/50 split. The courts typically allocate assets fairly and evenly, despite the fact that Michigan is an equitable distribution state.
Bottom line in subscribing to this “equitable distribution” principle means your ex can’t just take everything from your house and go. Half of the value of every item your ex took from the home belongs to you. It means everything including things not even found in the house like cash in your bank accounts and unfortunately even your debts.
The home where all of those things your ex took everything from is also subject to the 50/50 split.
If you or your spouse uses assets from the marital estate, especially recklessly by accruing debt, spending it carelessly, or hiding, selling, or disposing of assets, it is referred to as “dissipating” the marital estate. The offending spouse may experience serious consequences as a result.
When a couple separates, they could elect to relocate their belongings out of the marital home and into a new place. There may be disagreements on what you and your spouse believe to be personal property. Your clothes and personal accessories are obviously not up for equal distribution and should not be a problem.
Not everything you want to take will ultimately be considered separate property in the process. For instance, you might decide that you want to pack up your house and transfer everything to your new apartment. Your spouse is obviously left without a place to rest or sleep as a result of this. If you have kids, it may be a traumatic experience for children to have to come home to an empty house.
Restoring The Status Quo
The decision to get divorce is not a spur of the moment thing. You may have already contemplated this years, months or at least weeks prior. If you were smart about it, you would have talked to an attorney already.
A good attorney would have advised you to do an inventory of assets in the house.
Doing an inventory of assets in the home.
Notably, before the divorce is finalized, either party or both parties may contest the removal of property. You might return home to find the rooms empty, for instance. While that is undoubtedly heartbreaking, you should prepare an inventory of your home’s contents based on your current memory. Of course, photos also convey a lot.
A smart phone should come handy. You can record everything in the house using a video on your smartphone. A good panning and zooming should do the trick.
Filing a motion to restore assets or freezing current assets.
You can ask your attorney to file a motion to have your items restored or returned to the house. If return or restoration is not possible to have it replaced or give cash in the amount enough to replace it. The more effective measure is to freeze assets without affecting your current ability to sustain current financial obligations.
The use of shared finances by both partners to cover reasonable expenses and costs, such as mortgage payments and child care fees, is permitted under the law.
However, a judge may intervene and order the freezing of all the funds in the account as well as any other marital property that is in jeopardy if there is proof that one spouse is trying to waste or conceal assets.
Even if there is no proof of wrongdoing, a couple’s assets could even be frozen from the start of the divorce process.
The law in Michigan is very clear that it is illegal to conceal assets during a divorce and that doing so will result in severe consequences. In a divorce, one spouse is not permitted to conceal assets to the detriment of the other.
Protecting What Is Separate
If divorce has been contemplated and the decision is moving on at a steady pace, it is wise to already talk to an attorney. You need to protect assets. Protecting assets should be a concern even if divorce is not even on the table.
Prenuptial Agreement
A written contract between two people who are getting married that specifies how future earnings will be treated, who will govern each other’s property, and how assets might be divided if the marriage ends in divorce is known as a prenuptial agreement. It is also known as an antenuptial agreement. In a way, even if the marriage doesn’t work out, the agreement gives each side certainty.
If one or both of the parties have significant assets, children from a previous marriage, potential inheritances, high incomes, a family business to protect, a desire to avoid the high cost of further litigation, or if one spouse had a previous marriage that was perceived to have ended unfairly, these agreements are fairly typical.
Antenuptial agreements will be enforceable in Michigan if steps are taken to limit an unfair outcome such as:
[1] signing the premarital contract far in advance of the wedding,
[2] ensuring that separate legal counsel is retained for each party,
[3] The agreement could incorporate a progressive property settlement schedule based on the length of the marriage if the parties’ wealth is significantly unequal.
Post Nuptial or Antenuptial Agreement
A prenuptial agreement and a postnuptial agreement are very similar, with the exception that a postnuptial agreement is made by a married couple. It is a legal document that spouses sign jointly that specifies how their assets and debts will be split in the case of a divorce.
Postnuptial agreements that were signed while the parties were still married and that appear to have been made with the intention of divorcing one other have historically been revoked by the courts. But there are some circumstances in which a postnuptial agreement will be enforceable:
[1] When the couple has already filed for divorce or separated and then decides to get back together under the postnuptial agreement’s specific conditions.
[2] When a couple intends to divorce and signs a settlement agreement with the understanding that it would eventually be incorporated into the divorce decision.
[3] When the parties are still married, and only discuss what will happen in the event one spouse passes away.
When a divorce seems to be the only option, postnuptial agreements can be a helpful tool to keep your family together during trying times. However, in order for them to be upheld by Michigan courts, they must be carefully drafted and agreed upon under precise conditions.
Keeping Good Records of Gifts and Inheritances
Keep the documentation of how and when you received the inheritance or gift. This can be done using probate court records, copies of checks, or bank transfer records as long as they include the date, name of the person transferring the property, and the recipient. It can be tempting to toss these records away as time goes on. Don’t. Put them somewhere secure and apart from you, like your own safe deposit box.
Keep the documentation of the growth on the property as well as the location where the funds or items were deposited. You will be required to prove that the money was received as a gift or through inheritance and that you maintained the property separate if there is a divorce. Keeping accurate records moving forward is crucial. Do not rely on the investment firm where you made the deposit to maintain this data. The average record-keeping period at banks and financial firms is seven years.
The given or inherited property should not be mixed together. In other words, save any gifts or inheritance you receive from family members in a separate account. Do not include it in an existing account. Don’t deposit any earnings from the marriage into this account. It’s possible to classify adding “marriage money” as commingling. Combining with other properties can make them lose their own characteristics.
Do not include your spouse’s name on any real estate if the property is in the form of real estate. Legally, you are giving your spouse half of the property in this manner. It will lose its “separate” classification as a result of this. In the event that it is deemed to be marital property, your husband will likely be entitled to half of its worth.
If you inherited real estate and money as a gift or inheritance, it is ideal to utilize the cash to cover the real estate’s property taxes, insurance, and other costs. Provide solid documentation, such as copies of checks from your separate account, to support the source of these funds.
Additionally, it would be ideal if you could pay your income taxes on your separate investments’ earnings from the gift or inherited property. According to current Michigan law, paying income taxes on earnings made using marital funds or declaring investment income on joint taxes does not transform separate property into marital property. If you can demonstrate that you paid taxes on the income, it will be simpler to demonstrate that the property remained separate.
Avoid consistently using this money to sustain the family and try to keep it safe. Your separate funds may stop being separate if you routinely utilize them to pay for home expenses.
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