Legal Question in Family Law in Ohio

In Ohio, property that a spouse owns before the marriage is separate property and the other spouse is generally not allowed to share in it via a split of the property. However, if the parties to the marriage acted in a manner that would justify converting the property from separate property to marital property, then it can be split up between the two.

Thus if, during the marriage, the parties put a great deal of money and effort into fixing up the home, then the court may decide that the home has lost its character as separate property and is now marital. Alternatively, the court might find it fair to value the house at the start of the marriage and then value the house at the end of the marriage, and then award you the value of the house at the start of the marriage and split the increase in the value of the house at the end of the marriage between the parties.

In Ohio, the courts will divide up the assets and liabilities that are marital. This division must be equitable, but does not have to be exactly equal.