Ohio laws on division of property in divorce cases are rather complex and can be quite confusing at times. Ohio being a non-community property state has its rules on how the property and debts will be divided when the couple decides to divorce. Therefore, this article will first explain what is a community property state, where Ohio stand on the community property and the implication to divorce matters. We will also discuss Ohio divorce laws; no-fault divorce, property division and inheritance.
Is Ohio A Community Property State?
Ohio being an equitable distribution state, property acquired during marriage is not regarded as owned in equal share as in the community property states. Community property states divide property and debt that both people acquired during marriage equally when a couple divorces. On the other hand, Ohio is an equitable distribution state which means that the property and the debts will be divided in a reasonable manner rather than in equal split. This approach considers some issues including the period of marriage, the income, and the contribution made in acquiring property.
Ohio Divorce Laws
Ohio is one of the no-fault divorce states and, therefore, either of the partners does not have to place the blame on the other to end the marriage. In Ohio the requirements for filing for divorce include the fact that one or both of the spouses has to be a resident of the state for at least six months. Firstly, one has to make a complaint for divorce whereby one has to state why a divorce should be granted and what is desired from the whole process.
Property Division In Ohio
Ohio law provides that property and debts that have been accumulated during the marriage are to be divided in an equitable manner, which does not mean equal. Marital property is now property that is acquired during the marriage while separate property is property that is owned by one spouse before the marriage or anything that a spouse acquires through a gift or an inheritance. The property of house which one of the partners may have acquired before the marriage is treated as separate property of that partner though contributions made towards mortgage or improvements during the marriage may alter this position.
What Is A Wife Entitled To In Divorce In Ohio?
In Ohio the law provides that a wife has a right to share in the property and/or debts acquired by the marriage. The court looks at issues such as duration of marriage, income, and the effort each of them put in acquiring property. Where the wife assisted in the education or career of the husband she may be entitled to future earnings of the husband. Alimony (spousal support) is also ordered so that both the husband and the wife can have ample support for themselves as they did during the marriage.
Is Ohio A Community Property State For Inheritance?
In Ohio inheritance is recognized as property acquired by a spouse after marriage and hence it belongs to the spouse who has inherited it. This is the case because both spouses is entitled to give their separate property whether through wills or trusts including the property acquired through inheritance.
However, there’s an important exception:However, there’s an important exception:
If the inheritance is commingled with the other property owned by the married couple or if it is used to enhance the marriage, then the inheritance could be considered as marital property. This means it can be divided in the event of a divorce.
Here are some examples:
- If a spouse gets an inheritance and puts it into a joint account then it is considered as commingled property and can be divided.
- If a spouse receives a vacation home as a gift after the marriage and the couple uses it together it becomes a marital property.
- In a case where one of the spouses acquires an investment and both the spouses use the returns to cater for marital expenses then the situation may be considered as co-mingling.
In these cases, the property that was once considered separate may no longer be and could be awarded to the other spouse in a divorce. This is not advisable and therefore it is recommended that inheritances should not be mingled with the other assets acquired during marriage.
Conclusion
Divorce is one of the legal procedures and Ohio divorce laws on property division is one of the hardest. Some important things to note is that ohio is not a comunity property state and rather follows the principle of equitable distribution. Divorce is a legal process and this is why it is advisable to always hire a family lawyer when going through the process in Ohio.
