When your marriage is ending, it might seem obvious who takes what. However, Ohio laws say the split should be equitable, not just 50-50. Working with a skilled divorce attorney lets you strike that balance.
Gavvl Law, LLC makes negotiating property division in Ohio easier than ever. Our experienced, local family attorneys offer personalized support that fits your unique needs, budget, and location. We’ll help you find the right lawyer to achieve your goals so your divorce is as transparent, convenient, and affordable as possible.
Ohio law states that a couple’s marital property will be divided equitably if their marriage ends. The court will look at your circumstances and decide what property you can take ownership of or what should be given to your soon-to-be ex.
Not all property is eligible for division. Your attorney can help you prove what property is yours and should remain with you.
When property is discussed in an Ohio divorce, the law considers it as separate or marital property.
Put simply, separate property is the things, real estate, assets, or earnings you held before you married. Your marital property is the assets you acquired during your marriage. You and your attorney are working to show a judge what belonged to you before you got married and what should stay with you after the divorce.
Marital property in Ohio covers a broad range of assets, including:
Marital property can sometimes include assets like copyrights or other intellectual property. An Ohio divorce attorney can help you assess your property and craft an argument for what you should be allowed to keep.
Because the law says property should be split fairly in a divorce, not directly in half, things can get complicated as you start dividing things.
The court examines several factors to determine a “fair” division of your shared property. For instance, your spouse may make more money than you. The judge may award you more of your marital property to achieve an equitable division of property.
Other factors may include how long you were married, why you are getting divorced, and if someone wants to keep certain assets instead of others.
A few methods exist to divide marital property as part of your divorce. If your divorce is largely uncontested, your spouse could work out how you want the property divided and present that split to the court. This is the most straightforward approach. But this can get contentious if you cannot agree on an equitable division. This can lead to a drawn-out fight over who gets things like the marital house, shared financial assets, and other property.
You and your attorney will need to review and inventory the property being considered in the divorce. That includes your separate property along with any marital property.
A comprehensive list can ensure a more equitable calculation and that your spouse does not have grounds to ask for things they feel belong to them, even if it’s clearly yours.
If you go through mediation, you can use a neutral third party to third party your property as part of your divorce. A mediator will not take sides, and while they will not make decisions, they can help you work through issues or roadblocks that are holding up the process.
They can help you and your spouse work out compromises, allowing you to take a mutually agreed upon and signed settlement to a judge. However, you may still end up going to court if you do not reach a conclusion.
Ready to Start Dividing Your Property?
The first step is to schedule a consultation with our team at Gavvl. This meeting will help us understand your concerns and develop a clear plan to move forward. We’re here to support you. Gavvl serves clients across Ohio, including in Columbus, Cincinnati, and Cleveland.
or call 866-891-0040
Like other assets, debts are also divided as part of getting divorced in Ohio. Both assets and liabilities accumulated during the marriage are typically divided between the spouses, meaning that if either spouse took on the debt during the marriage, the court would consider it marital. If the debt existed before the marriage, it can be considered separate.
Things can get contentious quickly when it comes to getting the house in a divorce. In many cases, the spouse who has custody of the couple’s children will have the first claim to the house. Each divorce is unique, so there isn’t a guarantee that the custodial parent will get the house.
Spouses are expected to be forthcoming when they disclose assets. However, some may think they can hide assets to protect them. If the court discovers any wrongdoing, the judge may compensate the other spouse. That means you could be punished for omitting assets, hiding them, or trying to sell them before they can be given to your ex.
A distributive award is a court-ordered payment from one spouse to another to cover the value of an asset that is impractical to split, such as a business. For instance, if your partner owns a company, the judge may order them to pay you a portion of that business’s value instead of trying to split it.
Gavvl simplifies the asset division process by starting with a phone call or online questionnaire. After a free 30-minute consultation with a managing attorney to discuss your needs, we assign a qualified local lawyer based on your requirements, location, and urgency, ensuring you receive the support within two business days.
You’ll have 24/7 access to your case, convenient communication with your lawyer, and the option to pay only for the needed services, making for a streamlined and stress-free divorce process.
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We’re here to support you through every step of your family legal matter. The best way to move on in Ohio – Get Gavvl.
Or give us a call at 866-891-0040
