Michigan law requires judges to divide property fairly Usually, fair means that each person gets about half of everything. Community property states require a 50-50 division of all spousal assets, which includes all assets acquired by either spouse during the marriage. The money and assets you had before marriage are not included in a division of marital property, unless you mix or mix them with the marital property. One of the most sought after questions on our website is “Can my husband sell our assets before divorce? The short answer is yes, your spouse can sell all of your assets before the divorce is filed.
There is nothing that specifically prevents them from doing so. Dividing a house, vehicles, valuables, valuable collectibles, retirement benefits, and household items is where couples find it difficult. Before a divorce is granted, all assets must be divided in a way that is satisfactory to both parties. If you and your spouse haven't been married for long and own only a modest amount of personal assets, it may not be that difficult to agree on how to divide them between the two of you.
It's important to note that the reason for the sale can also influence how the court handles the sale of assets. In addition, some states, including Florida, Kentucky, and Tennessee, allow couples to opt for the community property system or identify certain assets as community property, often by creating a special trust. Basically, this means that a couple's marital assets and debts will be distributed among them in a way that the judge deems equitable (fair) in the circumstances of the case. Once the Petition for Dissolution of Marriage has been filed, there is a court order, or block, that prohibits the sale (or disposal) of marital property.
If the items were sold for a lower than fair market value, the court may impose additional value on the sale for a more equitable distribution of marital assets throughout the divorce proceedings. Of course, hiding assets before divorce is a terrible idea, no matter how tempting it sounds, and it can get you into a whole host of legal trouble. Depending on the state in which you reside, the law that guides how to divide assets could be community property or separate property. Your lawyer can help you protect your interests and assets, acting as your advocate to help you achieve the fairest divorce settlement possible under the law.
Foul play could be defined as trying to hide or reduce the value of assets so that they are not discovered in the divorce process. Similarly, if you simply don't declare your assets or provide financial information to your spouse during a divorce, a court can order you to do so.