Order Michigan Supreme Court
Lansing, Michigan
September 17, 2008 Clifford W. Taylor,
Chief Justice
136323 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PETER RIEBSCHLEGER, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 136323
COA: 270226
Saginaw CC: 03-050207-DM
SUSAN RIEBSCHLEGER, a.k.a. SUSAN
O’ROURKE,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 21, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of
Appeals that affirmed the circuit court’s distribution of marital assets. The circuit court
did not make sufficient findings to allow this Court to determine, on review, whether the
division of marital property was equitable. See Koy v Koy, 274 Mich App 653, 660
(2007). We REMAND this case to the Saginaw Circuit Court to make detailed findings
of fact regarding the identity and value of both the marital assets and the separate assets
of the parties, including marital debts and separate debts of the parties. The circuit court
shall then determine the percentage of the marital estate to be awarded to each party. The
circuit court may, in its discretion, consider redistribution of assets. If the division of
marital property significantly departs from congruence between the parties, the circuit
court shall clearly explain its rationale for the unequal division. See McNamara v
Horner, 249 Mich App 177, 188 (2002).
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 17, 2008 _________________________________________
s0910 Clerk