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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Ask an Ohio Family Lawyer: separate property, community property, marital property – what does it all mean?

January 31, 2012

Virginia Cornwell is an Ohio Family Lawyer in Columbus, Ohio and an Ohio State Bar Association Certified Family Relations Specialist.  She helps clients throughout Ohio and accepts cases from all 88 Ohio Counties.

OHIO FAMILY LAWYERWhat is community property in Ohio?  We get that question a lot from our divorce clients.  The truth is, there is no community property in Ohio because Ohio is not a community property state.  Ohio law uses the term “marital property”.  Naturally, the next logical question would be “Okay, so what is considered marital property in Ohio?”  The answer is simple.  Everything is considered marital property in Ohio unless you can prove that it is separate property.

SEPARATE ASSETS

OHIO FAMILY LAWYER HIGH ASSET CASESSo what is separate property in Ohio?  Ohio Revised Code 3107.171 governs property division during a divorce, legal separation or dissolution.  (There is no property division in an annulment because the marriage is invalidated.)  That statute defines separate property as being any real property (real estate) or personal property (every kind of property EXCEPT real estate) that a court finds to be one of these things:

  • An inheritance by one spouse
  • Any property that was acquired by one spouse before marriage
  • Passive income and appreciation from separate property.  “Passive income” means income acquired other than as a result of the labor, monetary, or in-kind contribution of either spouse.
  • Any property acquired by one spouse after a decree of legal separation issued under section 3105.17 of the Revised Code;
  • Any property excluded by a valid antenuptial agreement (prenuptial, aka a “prenup”) ;
  • A personal injury award, (except for loss of marital earnings)
  •  Any gift that is made after the marriage and  is proven to have been given to only one spouse

CALL NOW  at (614) 225-9316 or contact us by e-mail.

MARITAL ASSETS

OHIO FAMILY LAWYERSo if property doesn’t fall under the category of separate property, then what is it?  The answer is MARITAL PROPERTY.  Ohio is not a community property state.  Ohio law presumes everything is marital property until the party asserting the claim of separate property PROVES IT.  If you cannot prove that something is separate property, then it is marital property, subject to division by the court in a divorce, dissolution or legal separation.  The same law that defines separate property in Ohio defines marital property.  Ohio Revised Code 3105.171 says that the following types of property are marital:

  •  All property currently owned by either spouse, including, retirement benefits and deferred compensation, that was acquired by either during the marriage;
  • All interest that either spouse currently has in real or personal property, including retirement benefits and deferred compensation, that was acquired by either during the marriage;
  • All income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either spouse during the marriage;
  • “Marital property” does not include any separate property.

Sounds simple enough, doesn’t it?  Not so fast.  In our next article about marital and separate property we’ll talk about the burden of proving separate property, “tracing” separate property, and what happens when separate property is “transmuted”, or becomes untraceable.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

You may also be interested in some of our other divorce articles:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

DISCLAIMER – Read it, it’s important!

 

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535