Full question:
My wife filed for divorce and stated that i have abandon the marital property. What impact does this have on dividing joint assets including the marital home?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Michigan
Answer:
In divorce cases, both spouses generally have equal rights to the marital home until a court grants one spouse exclusive possession. Simply moving out does not automatically give one spouse the right to lock the other out. If there are concerns about immediate violence, a spouse may temporarily lock the other out and seek police assistance or a restraining order. Courts usually require evidence of a threat of harm to grant such orders.
When divorce proceedings begin, one spouse may request exclusive possession of the home during asset division. If a spouse has truly abandoned the home, the other spouse may be awarded exclusive possession and the right to change the locks.
Ultimately, the court will divide marital property equitably based on the circumstances of the case. All property is subject to division if the court finds that both parties contributed to its acquisition or improvement. Moving out alone typically does not affect property settlement rights, but it may impact support or parenting time arrangements if there are minor children involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.