Property division in divorce, marital home, pension etc...

By Attorney Terry Ray Bankert 810 235-1970

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Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
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Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
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In Barger, Michigan Court of Appeals unpublished no 263020 from Monroe Circuit Court LC NO. 04-029627-DM

Issues: Divorce; Property distribution; Sparks v. Sparks; The trial court’s award to the plaintiff-wife half of the proceeds from the sale of the marital home; Korth v. Korth; Whether the defendant-husband was entitled to the equity in the home because it was his separate asset; Reeves v. Reeves; Award to the plaintiff of half of the defendant’s IRA pension; MCL 552.18(1); Magee v. Magee

Court: Michigan Court of Appeals (Unpublished)

Case Name: Barger v. Barger

e-Journal Number: 33807 [modified here for this venue by Terry Bankert]

Judge(s): Per Curiam – Fort Hood, Murray, and Donofrio

Concluding the trial court’s factual findings were not clearly erroneous and its division of the proceeds from the sale of the marital home and the defendant-husband’s IRA pension were fair and equitable, the court affirmed the judgment of divorce.

The parties were married for several years and the evidence showed each contributed to the family expenses during the marriage. While defendant entered into a land contract to buy the home before the parties married, they lived together in the home before and during the marriage and improved the property together.

Plaintiff took out a mortgage on the home in her name, using the proceeds to pay off the land contract and to make home repairs. Improvements were made to the patio, landscaping, kitchen, and other areas.

Plaintiff also contributed to the addition of an extra room to the home and an outside pool. Her contributions to the home more than likely increased its value.

The trial court properly determined the home was a marital asset and plaintiff was entitled to half its value. Defendant admitted he started the IRA when the parties first married and he contributed to it during the marriage. Plaintiff liquidated an $11,000 IRA she had during the marriage when defendant was unemployed and family finances were "tight."

Both parties worked for most of the marriage and contributed to the family finances. Defendant’s pension was clearly part of the marital estate, which entitled plaintiff to half of its value.
Affirmed.

—end e journal— notes follow
-The conduct of the parties during the marriage may be relevant to the distribution of property. The trial court must consider all the relevant factors and not assign disproportionate weight to any circumstance. Sparks v Sparks 440 Mich 141, 158 , 485 NW2d 893 (1992)

Elements

1.duration of the marriage

2.contribution of the parties

3.age of the parties

4.health of the parties

5.life status of the parties

6.necessities of the parties

7.earning abilities

8.past relations and conduct of the parties

9. Principals of equity.

-The goal in distribution of marital assets is to reach an equitable distribution in light of all of the circumstances. Gates v Gates 256 Mich App 420, 423, 664 NW2d 231 (2003)

-The parties shared and maintained the marital home which gave both parties an interest in any increase in value during the course of the marriage. Korth v Korth 256 Mich App 286, 293-294, 662 NW2d 111 (2003)

- Pensions are considered part of the marital estate and may be distributed through a property division upon divorce. MCL 552.18 (1). Magee v Magee 218 Mich App 158, 164, 553 NW2d 363 (1996)

By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/

Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !