Friday, May 28, 2010

MICHIGAN DIVORCE PROPERTY DISTRIBUTION , DIVORCE LAWYER COMMENTS

MICHIGAN SAGINAW COUNTY DIVORCE PROPERTY DIVISION REVIEWED BY ATTORNEY TERRY BANKERT A DIVORCE LAWYER. For immediate help with your family law questions call 810-235-1970.

PROPERTY DISTRIBUTION FROM A THE SAGINAW DIVORCE PROPERTY DIVISION CASE

CHERI L. WOODINGTON, Plaintiff-Appellant/Cross-Appellee, v KAMRAN SHOKOOHI, Defendant-Appellee/Cross- Appellant.
Docket No(s) 288923, Published 05/04/2010
Trial Court/lower Court Saginaw County Circuit Court.
Trial Court Judge Robert L. KaczarekLower Court Docket No(s) LC No. 06-060841-DM
(This opinion has been modified for media presentation)
To see original document, http://coa.courts.mi.gov/documents/opinions/final/coa/20100504_c288923_61_288923opn.pdf

SAAD, J.
Plaintiff Cheri Woodington appeals the trial court’s judgment of divorce. She argues that the trial court made inadequate findings of fact in regard to the value of marital property, the date of valuation, and the status of certain assets as marital or separate property. She also raises issues concerning discovery, spousal support, and attorney fees. Defendant Kamran Shokoohi cross-appeals and contends that the trial court erred in failing to divide the property in accordance with the parties’ prenuptial agreement. We affirm some aspects of the trial court’s judgment; however, because the inadequacy of the trial court’s findings on several of these matters precludes meaningful appellate review, we remand for further proceedings.
 
 
 
II. SAWMILL CREEK PROPERTY

Plaintiff maintains that the trial court erred in finding that the real property defendant purchased on Sawmill Creek was not a marital asset. We disagree.

We review for clear error a trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property. See McNamara v Horner, 249 Mich App 177, 182-183; 642 NW2d 385 (2002). Findings of fact are clearly erroneous when this Court is left with the definite and firm conviction that a mistake has been made. Ackerman v Ackerman, 197 Mich App 300, 302; 495 NW2d 173 (1992). We accord special deference to a trial court's factual findings that were based on witness credibility. Draggoo, 223 Mich App at 429.

A “trial court’s first consideration when dividing property in divorce proceedings is the determination of marital and separate assets.” Reeves v Reeves, 226 Mich App 490, 493-494; 575 NW2d 1 (1997). Marital assets are those that came “to either party by reason of the marriage. . . .” MCL 552.19. Generally, marital assets are subject to being divided between the parties, but separate assets may not be invaded. McNamara, 249 Mich App at 183.

Plaintiff presented evidence that the Sawmill Creek property was a marital asset acquired by defendant before she filed for divorce, but defendant presented evidence that he bought the property for and on behalf of his sister, with his sister’s money. This issue presented a question of the credibility of the witnesses. Although the trial court might have found that defendant’s explanation of his involvement in the Sawmill property purchase was not credible, and that he was concealing the property’s true status as a marital asset, it gave credence to his explanation.

This finding was not clearly erroneous because it was based on the trial court’s findings as to the credibility of witnesses. Draggoo, 223 Mich App at 429.

Posted here by
Terry Bankert
http://attorneybankert.com/

see
[1]
CHERI L. WOODINGTON, Plaintiff-Appellant/Cross-Appellee, v KAMRAN SHOKOOHI, Defendant-Appellee/Cross- Appellant.
Docket No(s) 288923, Published 05/04/2010
Trial Court/lower Court Saginaw County Circuit Court.
Trial Court Judge Robert L. KaczarekLower Court Docket No(s) LC No. 06-060841-DM
 
[2]
CAP HEADLINES OR (trb)
Terry Bankert
http://attorneybankert.com/
MISC
FOOTNOTES
1 Staple v Staple, 241 Mich App 562, 566; 616 NW2d 219 (2000). We note that the holding in Staple is inapplicable because Staple applies “to judgments entered pursuant to the parties’ own negotiated settlement agreements, not to alimony provisions of a judgment entered after an adjudication on the merits.” Id. at 569.

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