Things to Think About Before Going Into Property Litigation

 Posted on March 24, 2025 in Divorce

Some people turn to property litigation as a way to protect their assets and wealth in a divorce. While litigation can be used to secure your property, it is generally better as a last resort than a first measure. If you are considering property litigation, a Michigan divorce lawyer can inform you of your best options before you go to court.

At Elkouri Heath, PLC, we have over 20 years of experience handling divorce concerns on behalf of our clients, including property division. Our family law attorneys can advocate for your rights to property while looking for ways to minimize the financial burden on your end.

Can Your Property Division Issues Be Resolved Outside of Court?

In many cases, resolving a property or asset dispute outside of court will serve your long-term interests. Litigation can be incredibly expensive due to the cost of scheduling court appearances, evidence gathering, and legal fees. Mediation or another form of alternative dispute resolution can save you time and money in property division.

If you fear that you will not be able to advocate for your property rights outside of court, our divorce lawyers can act as skilled negotiators on your behalf. We will keep your best interests in mind and pursue an efficient resolution to your property dispute.

What Do You Want The Most?

No matter the case, Michigan adheres to equitable distribution in property disputes. This means that your property will be split in a fair manner, so there is no realistic outcome where you get all of the marital property. As such, you should think about what you want the most out of your property dispute, such as the marital home, investments, or a shared business.

Making a "priority list" for a property dispute can serve you well. At Elkouri Heath, PLC, we will sit down with you before a property dispute to understand your goals so that we can work toward a realistic solution.

Will Misconduct Factor Into The Division?

Marital misconduct can play a role in the division of property. This means that if you were at fault for the collapse of the marriage – as seen in cases of infidelity, cruelty, or abandonment – a judge can factor that into a final allocation of property. This may result in an uneven distribution of property.

If you suspect that your marital misconduct would come up during property distribution, it may be in your best interests to consider an out-of-court agreement with your spouse. Whatever route you choose, Elkouri Heath, PLC can advocate for your rights, arguing for a solution that does not leave you with an inadequate share of property.

Contact an Oakland County, MI Property Division Lawyer Today

It is natural to want to secure your property in a divorce. However, taking a thoughtful, careful approach to property disputes may be a more productive approach. At Elkouri Heath, PLC, our Northville, MI divorce attorneys have the skills and experience to represent your concerns in asset division.

Our firm is here to serve your needs. Call us at 248-344-9700 to schedule a free consultation today.