You will be asked how you want to divide your property. If you and your spouse agree on how to divide your real property, include your agreement terms.If you and your spouse can't agree how to divide your property, the judge will decide. Michigan law requires judges to divide property fairly. The law requires that every judgment of divorce contain provisions dividing real and personal property. Michigan law requires a court presiding over a divorce to fairly divide property that the couple acquires during their marriage. In Michigan, marital property division follows the rule of "equitable distribution. Michigan divides marital property using the theory of "equitable distribution". What Does Equitable Distribution Mean in a Divorce Case? A partition lawsuit will force the court to either divide the property between the owners, or sell the property and divide the sale proceeds between the owners.