Ohio Divorce Law: Who Gets the House?
Divorce is an emotional and financial challenge, especially when it comes to dividing significant assets like the marital home. In Ohio, property division follows specific guidelines, but the outcome often depends on the unique circumstances of each case.
If you’re anywhere across central Ohio, working with an experienced and empathetic divorce attorney can make a world of difference.
The marital home isn’t just a financial asset; it’s tied to memories, stability, and future security. Whether you’re fighting to keep it or preparing to let it go, the decisions made during this time can shape your financial and emotional well-being for years to come.
With so much at stake, understanding Ohio’s divorce laws and partnering with a skilled attorney can provide much-needed clarity and support. Below, our attorneys at Heckert & Moreland Co., LPA will outline everything you need to know about who gets the house in Ohio divorces.
Outlining Property Division in Ohio
Ohio is an equitable distribution state, meaning property and debts are divided fairly but not necessarily equally during a divorce. The goal is to reach a resolution that’s fair to both parties, considering various factors. This is especially important when it comes to the marital home, which often holds both financial and sentimental value.
What Counts as Marital Property?
Marital property includes assets and debts acquired during the marriage, such as:
The marital home
Vehicles
Bank accounts
Retirement accounts
Debts like mortgages or credit cards
Separate property, which isn’t subject to division, includes:
Assets owned before the marriage
Gifts or inheritances received individually during the marriage
Certain personal injury settlements
Determining whether the house is marital or separate property is a critical first step in the process.
How Courts Decide Who Gets the House
Factors Courts Consider
Ohio courts evaluate several factors when determining who gets the house, including:
The length of the marriage: Longer marriages may lead to more equal divisions of property.
Financial contributions: This includes both income and non-monetary contributions, like maintaining the home or raising children.
Custodial arrangements: If children are involved, the parent with primary custody may have a stronger claim to the house.
Ability to maintain the home: Courts consider whether one party can afford the mortgage, taxes, and upkeep.
Separate property claims: If one party can prove the house was purchased with separate funds, it may influence the outcome.
Options for Dividing the Home
Selling the home: Often the simplest solution, this involves selling the house and splitting the proceeds.
Buyout: One spouse buys out the other’s share of the home, allowing them to retain full ownership.
Co-ownership: In some cases, couples agree to co-own the house temporarily, often until children reach adulthood.
Relevant Ohio Revised Code Details
According to the Ohio Revised Code Section 3105.171, the court must classify property as marital or separate before dividing it. The law emphasizes fairness, taking into account each spouse's contributions and the overall circumstances.
How Ohio Divorce Law Differs from Other States
Ohio’s approach to property division stands out compared to states with community property laws. In community property states, marital property is divided equally, regardless of circumstances. Ohio, as an equitable distribution state, prioritizes fairness based on each spouse’s contributions and needs rather than a strict 50/50 split.
Additionally, Ohio courts give significant weight to custodial arrangements when deciding who keeps the house. While many states also consider the best interests of children, Ohio’s family-centered approach often influences decisions about the marital home.
Ohio’s use of separate property distinctions is another key difference. Some states have looser definitions of separate property, but Ohio maintains strict guidelines, protecting assets owned before marriage or received as gifts or inheritances. Understanding these distinctions can be pivotal when dividing assets during a divorce.
Challenges in Dividing a Marital Home
Emotional Attachments
For many, the house represents stability, memories, and a sense of belonging. Letting go of the home can be one of the hardest parts of the divorce process.
Financial Constraints
Maintaining a home on a single income can be challenging. A skilled divorce attorney can help assess whether keeping the home is financially feasible and explore creative solutions.
Disputes Over Value
Disagreements often arise about the house’s market value. Hiring an appraiser to provide an unbiased valuation can help resolve such disputes.
How Does a Divorce Attorney Help With Property Division?
Professional Guidance
A divorce attorney will help you understand your rights and options, whether you’re aiming to keep the house or let it go. They’ll guide you through gathering documentation, assessing property values, and presenting your case effectively in court.
Negotiation Support
Experienced attorneys excel in negotiations, working to secure a fair agreement on asset division. If you’re in Columbus or central Ohio, a local divorce attorney familiar with Ohio laws can offer invaluable knowledge.
Representation in Court
When negotiations fail, your attorney will advocate for you in court, presenting evidence and arguments to support your claim to the marital home.
Protecting Your Interests In Your Case
Documenting Your Contributions
Keep records of mortgage payments, home improvements, and other contributions to the property. These documents can strengthen your case.
Understanding Financial Implications
Work with your attorney to calculate the long-term costs of keeping or selling the home, including taxes, maintenance, and market trends.
Planning for the Future
Whether you keep the house or move on, having a solid financial plan is crucial. An empathetic divorce attorney can help you weigh your options and prioritize your goals.
Frequently Asked Questions About Ohio Divorce Law
1. Do I Have To Sell The House If I Divorce In Ohio?
Not necessarily. Couples may choose to sell the house, or one spouse may buy out the other’s share. Your attorney can help explore these options.
2. Can I Keep The House If I’m The Primary Caregiver For Our Kids?
Courts often consider custodial arrangements when awarding the home. However, financial feasibility is also a key factor.
3. What Happens If We Can’t Agree On Who Gets The House?
If you and your spouse can’t reach an agreement, the court will decide based on Ohio’s equitable distribution laws.
4. Is It Possible To Co-Own The House After Divorce?
Yes, some couples agree to co-own the house temporarily, especially when children are involved.
5. How Can I Prove The House Is A Separate Property?
Provide documentation, such as deeds or bank records, showing that the house was purchased with separate funds or owned before the marriage.
Why Hire a Divorce Attorney in Columbus, Ohio?
When facing divorce, the stakes are high, especially when it comes to the marital home. A compassionate and experienced divorce attorney from Heckert & Moreland Co., LPA will help you:
Understand your rights under Ohio law
Negotiate fair terms for property division
Advocate for your best interests in court
Whether you’re in Columbus, Ohio, or nearby areas in central Ohio, having the right attorney on your side can help you approach this challenging time with confidence.
Dividing the marital home is one of the most critical aspects of a divorce. Ohio’s equitable distribution laws aim for fairness, but the process can be complicated and emotionally charged. With the help of an empathetic and knowledgeable divorce attorney, you can approach this challenge with clarity and support.
Choose Heckert & Moreland Co., LPA
If you’re facing a divorce in Columbus, Ohio, or the surrounding areas, reach out to a trusted divorce attorney at Heckert & Moreland Co., LPA today. We’ll provide the guidance and advocacy you need to move forward with confidence. Call us today.