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Posts tagged "property division for unmarried couples"

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat is separate property in divorce?  It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law.  The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171).  Marital property is:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
  4. Anything that is not separate property.
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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…)