Who Gets the House in a Divorce in Michigan?
Understand how Michigan divorce law treats home ownership when spouses divide real estate.
Divorce isn’t just the end of a relationship—it’s the unraveling of a shared life. And when it comes to the family home, the pain can cut even deeper.
It’s not just a building. It’s where your kids grew up. It’s where birthdays were celebrated. It may even be the only place that still feels stable in the chaos of separation.
So when the question comes up—“Who gets the house?”—it’s not just legal. It’s deeply personal.
But emotions don’t always align with Michigan law. You may feel entitled to the home because you bought it before the marriage. Or because you’ve paid most of the mortgage. Or because you need to keep your kids in their school district. Still, the court may see it differently.
In Michigan, property division is based on what’s fair—not necessarily what feels fair. And without understanding how judges approach these decisions, you may be caught off guard.
This page will walk you through what happens to the house during a Michigan divorce, how equity is handled, and what your real options are—whether you’re trying to keep the home, sell it, or just survive the process.
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Michigan Is Not a Community Property State – What That Means
Many people assume that everything in a divorce is split 50/50. That’s often true in community property states—but Michigan isn’t one of them.
Michigan follows a legal principle called equitable distribution, which means the court divides assets in a way that is fair, not necessarily equal. The goal isn’t to split everything down the middle, but to account for each spouse’s circumstances and contributions.
So what does that mean for the house?
Even if only one spouse’s name is on the deed, or one person paid more into the mortgage, the court may still treat the house as a joint asset if it was acquired or used during the marriage. Fairness is the priority—not title paperwork.
Factors like the length of the marriage, each spouse’s financial situation, child custody, and even non-financial contributions (like maintaining the home or raising kids) all play a role.
Understanding this key distinction—equitable doesn’t mean equal—is essential to knowing what to expect in the property division process.
Marital vs. Separate Property – Understanding the Difference
Before a Michigan court decides who gets the house, it has to answer one important question:
Is the home marital property or separate property?
🔸 What Counts as Marital Property?
In general, marital property includes any asset acquired during the marriage—regardless of whose name is on the title or who paid the bills. If you and your spouse bought the house while married, it’s almost always considered marital property.
🔸 What Counts as Separate Property?
Separate property includes assets that were:
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Acquired by one spouse before the marriage
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Received as a personal gift or inheritance
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Protected by a prenuptial or postnuptial agreement
But the distinction isn’t always clear.
🔸 When Separate Becomes Shared
Even if a home began as separate property, it can become partly marital if:
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It was refinanced during the marriage
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Both spouses contributed to mortgage payments, repairs, or improvements
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Marital funds were used to maintain or increase its value
This “commingling” can give both spouses a claim to equity in the home—even if the title is in one person’s name.
Understanding how the court defines and evaluates property types is key to protecting your interest in the house.
What Factors Do Michigan Judges Consider?
Once the court determines whether the home is marital or separate property, the next step is deciding what’s fair when it comes to dividing it. In Michigan, this process is guided by equitable distribution, and judges have wide discretion.
Here are the most common factors judges consider:
🔸 1. Length of the Marriage
Longer marriages often lead to more shared contributions—financial and otherwise—which increases the likelihood that the home will be treated as marital property.
🔸 2. Contributions by Each Spouse
This includes who paid the mortgage, who did renovations or maintenance, and even who stayed home to raise children, allowing the other spouse to earn income.
🔸 3. Who Will Have Primary Custody of the Children
If one spouse will be the primary caregiver for minor children, courts often prioritize stability and continuity—sometimes awarding the home to the custodial parent, at least temporarily.
🔸 4. Earning Power and Financial Need
If one spouse earns significantly more than the other, the court may divide the assets unequally to ensure both parties can remain financially stable after the divorce.
🔸 5. Health, Age, and General Fairness
Judges may also consider health conditions, age, future earning potential, and debts in deciding who should keep the house or receive compensation.
For more detail, the Michigan Judicial Institute’s Benchbook on Family Law outlines the principles judges follow when determining fairness in property division.
Gloria B. - Clinton Township, Michigan
“Thank you for contacting me. I didn’t know what I was going to do with this house"
When One Spouse Owned the House Before the Marriage
Many people assume that if one spouse bought the home before the marriage, they automatically get to keep it in the divorce. In Michigan, however, it’s more complicated.
A home purchased prior to marriage typically begins as separate property. But over time, the financial and emotional investment of both spouses can cause it to be treated—at least in part—as marital property.
Here are a few common scenarios where this happens:
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Refinancing: If the house was refinanced in both spouses’ names during the marriage, the court may see it as jointly owned.
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Shared Payments: If both spouses contributed to the mortgage, taxes, insurance, or major repairs using marital income, that can transform separate equity into marital equity.
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Increased Value: If the home appreciated in value due to improvements or market conditions during the marriage, and those gains were supported by joint efforts or funds, a portion of that increased value may be subject to division.
Ultimately, the court looks at how much the other spouse contributed—financially or otherwise—and whether it would be fair for them to walk away with nothing.
Understanding how separate property can be partially converted into marital equity is crucial for protecting your share of the home—or defending it from claims you believe are unfair.
Can One Spouse Keep the House After Divorce?
In many Michigan divorces, one spouse wants to stay in the home—either to maintain stability for the kids, stay in the same school district, or because they’re emotionally attached. But wanting the house and being able to keep it are two different things.
Here’s what’s typically required:
🔸 1. Buyout of the Other Spouse’s Equity
The spouse who keeps the house may need to compensate the other for their share of the equity. This can be done with cash or by trading other marital assets, such as retirement funds, vehicles, or savings.
🔸 2. Refinancing the Mortgage
If both spouses were originally on the loan, the one keeping the house usually needs to refinance it in their own name. This removes the other spouse from future liability and ensures the mortgage can be supported on one income.
🔸 3. Court Approval or Mutual Agreement
The final divorce judgment must reflect the agreed terms—or the judge’s ruling—about who gets the house. Judges may favor the spouse with custody of minor children if the home provides a sense of stability.
If the home is no longer affordable or is creating stress, it may be worth reviewing how to sell a house with late mortgage payments in Michigan for alternatives before falling further behind.
Keeping the home can provide security—but only if it makes financial sense. The court won't award it to someone who can’t afford it long-term.
Can One Spouse Sell the House Without the Other?
Divorce can make communication difficult—but one spouse cannot simply decide to sell the house without the other’s consent if it’s marital property.
🔸 Joint Consent Is the Legal Standard
If the house is jointly owned—either because both names are on the deed, or because the property is considered marital under Michigan law—both spouses must agree to any sale. One party cannot unilaterally list or transfer ownership without facing legal consequences.
🔸 Temporary Orders Can Prevent Sale
During divorce proceedings, courts often issue temporary orders (sometimes called "status quo" or restraining orders) that prevent either spouse from selling or refinancing property until the divorce is finalized.
🔸 Court Intervention Is Possible
If one spouse refuses to cooperate and the court determines that selling the house is necessary for fairness or financial stability, a judge can authorize a sale. This often happens when a property is underwater, behind on payments, or neither party can afford it alone.
The key takeaway? Legal ownership and practical control are two different things. A home sale during divorce almost always requires consent—or a judge’s signature.
What Happens When Both Want to Keep the House?
What if neither spouse is willing to let go of the house?
This is one of the most emotionally and legally challenging situations in a Michigan divorce. The court steps in when there’s no agreement—and its job is not to preserve emotional attachments, but to reach a fair outcome.
🔸 When Both Spouses Make a Claim
If both parties want to stay in the home, the court will look at practical factors like:
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Who will have custody of the children
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Who can afford the home independently
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Whether one spouse has a suitable alternative housing option
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The overall financial picture for each party
🔸 The Court Can Order a Sale
If no agreement can be reached, and neither spouse has a strong financial or custodial advantage, the judge may order the house sold and the proceeds divided. This is often the last resort, but it is common in high-conflict cases or where keeping the home would leave both parties financially unstable.
For more detail, see the Michigan Legislature’s guidance on property division, which outlines the court's authority in cases of contested marital property.
Even if it feels like giving up, agreeing to a sale can sometimes be the most financially and emotionally freeing path forward.
"When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Michelle L. - Michigan
Do Both Spouses Have to Agree to Sell the House?
In most Michigan divorces, the answer is yes—both spouses must agree to sell the house if it's marital property. But there are exceptions when the court gets involved.
🔸 Mutual Consent Is Typically Required
When both spouses are on the deed, or the house is considered jointly owned under equitable distribution, a valid sale generally requires both signatures. This prevents either party from acting unilaterally or hiding proceeds.
🔸 Court-Ordered Sales Are the Exception
If one spouse refuses to cooperate and the judge determines that a sale is necessary—for example, to prevent foreclosure or satisfy debts—the court can order the property sold even without both parties' consent. This typically occurs when the home is a source of financial strain or neither spouse can buy the other out.
🔸 The Final Divorce Judgment Is Binding
If the sale of the house is included in the final divorce order, both parties are legally obligated to follow through—even if one later has second thoughts.
If you're in a situation where disagreement over the home is dragging out your divorce, it may be worth learning more about how to file a partition lawsuit in Michigan when a co-owner won’t sell. While geared toward inherited homes, similar legal tools exist in divorce-related disputes.
Frequently Asked Questions About Who Gets the House in a Michigan Divorce
Who gets the house in a Michigan divorce?
That depends on whether the home is classified as marital or separate property, and what the court deems fair under equitable distribution. Judges consider financial need, contributions, custody of children, and the practicality of one spouse keeping the house.
What if only one spouse is on the deed?
Even if the deed lists only one spouse, the home may still be considered marital property if it was used by both parties during the marriage or maintained with joint income. Title alone doesn’t determine ownership in a divorce.
Can one spouse stay in the house after the divorce?
Yes. If one party is awarded the house in the final judgment—or if the couple agrees that one will remain—it’s legally permissible. Judges often consider custody, stability, and affordability when approving these arrangements.
Can one spouse sell the house without the other?
Not without agreement or a court order. If the house is marital property, both parties must approve a sale. If cooperation fails, the court can step in and order the sale under Michigan law.
Does having kids affect who gets the home?
Often, yes. Judges may award the house to the custodial parent to provide stability for minor children. This doesn’t guarantee ownership but can heavily influence the outcome.
For a deeper explanation of how marital property is evaluated in Michigan, the Michigan Courts Self-Help Center offers a clear, judge-reviewed overview.
Let’s Talk Before the Court Decides For You
The house is often the most emotionally and financially significant asset in a Michigan divorce—and decisions about it can shape your future for years to come.
If you’re unsure whether you’ll be able to keep the home, buy out your spouse, or be forced to sell, now is the time to get clarity. Waiting for a judge to decide may leave you with fewer options and more stress.
Whether you're trying to stay in the home or preparing for a clean break, having a plan in place makes a huge difference.
At Dennis Buys Houses, we understand how complicated these situations can be. We're a trusted local resource for Michigan homeowners who need straight answers—without the pressure of a sales pitch.
If you're ready to explore your options with someone who listens first, start here: Dennis Buys Houses
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We Help Michigan Families Navigate These Situations Every Day
At Dennis Buys Houses, we’re not just cash buyers — we’re trusted problem-solvers who help Michigan families find real answers during difficult times.
Since 2004, we've been helping homeowners across Michigan sell their properties quickly and easily—without the stress of agents, repairs, or hidden fees.
We’re a family-owned, local business with deep roots in the community. Over the years, we’ve helped hundreds and hundreds of homeowners in situations just like yours—whether they’re dealing with delinquent property taxes, foreclosure, or simply needing a fresh start.
If you're dealing with a tough family situation and don’t know where to turn, we’re here to help.
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Whether you’re ready to sell or just want to explore your options, we’re here for you. Call us today, and let’s talk about how we can make your situation easier.
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“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Michelle L. - Michigan
“Thanks for buying my Mother’s home. It was a big help that you were able to buy it without us having to clean it out and get it ready to sell. My mother had accumulated lots of stuff and after the stress of her long illness I was exhausted and I dreaded dealing with all of it. I also liked it that you gave me a very fair price for the home. I’m on a fixed income and that really helped a lot.”
Henry G. - Michigan
“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”
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