Divorce cases can be emotionally draining and complex, particularly when it comes to the division of property. One aspect that adds to the challenge is determining which assets are considered marital property and which are non-marital property. It’s crucial to understand this distinction as it can significantly impact the final settlement agreement. In this article, we will delve into the concept of non-marital property in Ohio divorce cases, including its definition, how it is determined, and its treatment under Ohio law.
An Insight into Non-Marital Property
Non-marital property refers to assets or property that a spouse owned before getting married, received as a gift or inheritance during the marriage, or acquired after a legal separation. These assets are considered separate property, meaning that they are not subject to division during a divorce.
Examples of non-marital property include:
- Property owned before marriage
- Inheritances received before or during the marriage
- Gifts given exclusively to one spouse
- Property acquired after a legal separation
It’s important to note that distinguishing between marital and non-marital property can be intricate, with various exceptions and nuances to consider. To navigate this complexity effectively, it is highly recommended to seek guidance from an experienced Ohio divorce attorney who can provide tailored insights based on your unique circumstances.
Defining Non-Marital Property in Ohio
Ohio follows an equitable distribution model, which means that during a divorce, the court aims to divide assets fairly and reasonably, rather than equally. When deciding how to distribute marital property, courts must initially identify and categorize all assets as either marital or non-marital. While marital property is subject to division, non-marital property is not, and therefore, the court cannot award it to the other spouse.
According to Ohio law, non-marital property is defined as:
- All property owned by each spouse before the marriage
- All property obtained by either spouse during the marriage through gifts, bequests, devises, or inheritance
- All passive interest income and appreciation acquired by either spouse during the marriage from non-marital property, unless it resulted from the personal efforts of either spouse
- Property obtained by either spouse after a legal separation.
The Burden of Proof
To claim that an asset is non-marital property, the spouse seeking to exclude it from the marital estate bears the burden of proof. The party must provide clear and convincing evidence establishing that the property falls into one of the categories outlined above.
In some situations, determining the origin of an asset can be quite challenging. For instance, if a spouse contributed to an asset that technically belonged to the other spouse before marriage, determining whether it is marital or non-marital property can be complicated. In such cases, it is crucial to work closely with an experienced Ohio divorce attorney who can advocate for your rights and ensure an equitable distribution of your assets.
Conclusion
Divorce is undoubtedly a difficult and emotionally charged process, and property division often acts as a major source of contention for many couples. Non-marital property refers to assets that are untouchable during a divorce, yet determining which assets fall into this category can be perplexing. Seeking assistance from a knowledgeable Ohio divorce attorney is the key to protecting your rights and ensuring a fair distribution of your assets. Don’t hesitate to contact our team today to learn more about how we can support you during this challenging time.