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Posts tagged "separate property"

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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Dividing Retirement Benefits In Divorce

How do you go about dividing retirement benefits in divorce?  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable division means a fair division of property. (more…)

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…)

Medina Divorce Attorney

What is a Medina divorce attorney? A Medina divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Medina residents, such cases would originate in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)