Legal Question in Family Law in Ohio

Division of Property

I have been married to my second wife for 10 years. I am considering a divorce and need to know about property division. I have heard Ohio is a 50-50 state but will the courts take into consideration the assests brought into the marriage, ie. my home and its furnishings? We have always had separate finances and I have paid for everything and my spouse has not contributed to the household financially. We have bascially been living as roommates for 10 years.. long story. I really hate to lose half of everything but then again it might be worth it. Thanks for any help you may offer in advance. (I will need a good attorney)


Asked on 8/21/08, 9:51 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Division of Property

There is a chance that if one spouse can prove a clear separation of assets regarding the marital home--that there no "transmutation" or that owning and maintaining that asset is clearly traceable to one spouse--without the benefit of a prenuptual agreement, the asset would not be considered a martial asset to be divided evenly.

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Answered on 8/21/08, 2:20 pm


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