Cincinnati Property Division Attorneys
Protecting Your Rights & Best Interests in Divorce Proceedings
In Ohio, as in many other states, domestic law recognizes both marital and separate property. Generally speaking, marital property is any properties/assets (including the family home, vacation homes, income, etc.) gained during the marriage, whereas separate property is any properties/assets owned by one spouse prior to marriage. If no prenuptial agreement exists, all marital property will be divided through an “equitable distribution” process. This does not mean property is divided exactly equally between the two spouses but, rather, in a manner that is considered “equitable.”
For assistance with divorce and property division matters, contact Greene & O’Malley Attorneys at Law for a free phone consultation. Our Cincinnati property division attorneys can help you ensure that your rights and best interests are protected during divorce and/or dissolution of marriage proceedings.
Separate vs. Marital Property in Ohio
As previously mentioned, all property in a divorce is categorized as either “marital” or “separate.” In general, any property that was acquired during the marriage will be considered marital and, what’s more, the court will assume that both spouses contributed equally to the acquiring of that property.
Examples of marital property include:
- Real estate properties acquired during the marriage, including the family home, vacation homes, rental homes, etc.
- All personal property owned by both spouses and acquired during the marriage (including cars, boats, furniture, and household items)
- All income and assets acquired during the marriage, including savings accounts, retirement accounts, and more
In contrast, some examples of separate property include:
- Any real estate acquired by one spouse prior to the marriage
- All personal property, income, and interest acquired by one spouse prior to the marriage
- An inheritance granted to one spouse
- Gifts given to or acquired by one spouse (with proof) during the marriage
- Interest/passive income earned from real estate owned by just one spouse
- Any properties or assets designated as separate property in a prenuptial agreement
When determining equitable distribution of marital property, the judge will weigh a variety of factors, including the length of the marriage, tax consequences for both spouses, liabilities/assets of both spouses, the value of leaving certain properties intact, and more.
To discuss your case with a Cincinnati divorce attorney, contact Greene & O’Malley Attorneys at Law at (859) 594-7730 today for a free and confidential phone consultation.
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