Marital Assets

Aug 8, 2012 by

Question: 

My husband and I got married 6 years ago. In the past 6 years, we have not lived together more than 6 months at one time, or 2 years total. I have aquired personal properties with my own personal income during the past 6 years, Mostly aquired when he was not living in the home. I have filed for divorce, he is currently living with another woman, Since the State of Ohio is a division state, is he entitled to my personal properties in our divorce?

State: 
Ohio

Answer: 

All states are “division states” in a divorce. A handful are known as “community” property states where marital assets are usually split 50/50 right down the middle. The rest of the nation is comprised of “equitable” property states. Ohio is as an equitable property distribution state. When spouses cannot agree on division on their own, the Court will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but what is fair. This will probably work to your benefit in this instance, as 50% ownership of your own property is not automatically an assumption. If you have acquired assets of your own with your own money, the court will likely consider it your property. Talk to a lawyer if you are unclear, but unless your husband contests your version of the facts, it sounds like you won’t have a big problem. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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