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Posts tagged "equitable division of their property"

Property Division For Unmarried Couples

Couples who are living together do not have the same rights to division of property as married couples.  Married couples have a right to an equitable division of their property.  Ohio Revised Code 3105.171 (R.C. 3105.171) gives married couples this right to an equal division of property, unless an equal division would be inequitable.  Using R.C. 3105.171, the court determines which property is separate property and which property is marital property.  Separate property that is commingled with marital property will remain separate property so long as it is traceable.  Non-married couples could have the right of married couples if they meet the requirements of common-law marriage under Ohio Revised Code 3105.12 (R.C. 3105.12), which provides for common-law marriage only if common-law marriage occurred in Ohio prior to October 10, 1991, or in another state that recognizes common-law marriage.  Outside of marriage, property division for unmarried couples tend to follow general rules of equity and fairness. (more…)