Unmarried Asset Division

Navigating asset division and property disputes can be overwhelming for unmarried couples who are separating. Without the legal rights that marriage affords, dividing shared assets, deciding property ownership and addressing financial entanglements can feel like an uphill battle. At the Van Den Heuvel Law Office, we understand these challenges and offer skilled legal guidance to help you resolve disputes efficiently and protect your interests.

The Challenges of Asset Division for Unmarried Couples

Unlike married couples, unmarried partners do not share the same legal protections under Michigan law. Michigan does not recognize common-law marriages, meaning even if you’ve shared a long-term relationship, your joint assets may not be treated as they would for a married couple. This can lead to complications when dividing property, managing shared finances or determining the future of any businesses or properties you’ve jointly invested in.

Key challenges unmarried couples might face include:

• Equitable Distribution Issues: Without clear agreements, dividing shared property like homes, vehicles or savings accounts can lead to disputes.
• Common Law Partnerships: Michigan law does not extend marriage-related benefits to common law partnerships, further complicating separation proceedings.
• Shared Property Rights: Jointly owned assets can be difficult to allocate without legal documentation, often requiring formal legal processes to resolve.

Understanding Partition and Its Role in Asset Division

Partition provides a legal remedy for individuals who co-own property with a partner but cannot agree on its use or sale. This common solution is particularly useful when partners own real estate together, whether it’s a home, land or investment property. A partition action can help untangle these joint ownerships, ensuring a fair resolution.

Types of Partition

1. Partition in Kind. This process divides the property physically, allowing each co-owner to retain ownership of separate portions. While ideal where feasible, it may not suit properties like single-family homes or small plots of land.
2. Partition by Sale. When physical division isn’t practical, the property is sold, and the proceeds are divided among the co-owners. Although effective, this approach often requires court involvement to ensure fairness.

How an Attorney Can Help

Filing for a partition involves navigating a detailed legal process, and having experienced legal counsel by your side is crucial. At the Van Den Heuvel Law Office, our attorneys guide you every step of the way:

• Drafting and Filing the Complaint: We handle the initial filing and ensure all necessary details, like property descriptions and ownership interests, are outlined properly.
• Serving Co-owners: Legal documents must be appropriately served, and we manage this to prevent delays.
• Appraisals and Hearings: From valuation disputes to court hearings, we advocate for your best interests to achieve a favorable outcome.
• Final Resolution: Whether through mediation or legal action, we strive for a resolution that protects your rights and assets.

Take Control of Your Future Today

Dividing assets as an unmarried couple requires careful planning and a deep understanding of Michigan law. At the Van Den Heuvel Law Office, we’re committed to helping you achieve a fair and smooth separation, no matter how complex your case may be. Don’t leave your future to chance. Contact our team today to schedule a confidential consultation and take the first step toward a brighter future.