Generally, a court considers property to be “marital” or “separate.” For a divorce, what this means is “marital” property would be subject to division while “separate” property would not. This part of property division during divorce is across the board for every state.
When it comes to whether or not your spouse splits your inheritance, the state in which you live does matter. In Ohio,
the rules as of March 23, 2023, will be that an equitable division of marital property (which means fair, not always equal) must happen, as well as adhering to the other parameters. The court will consider many factors to ensure a fair outcome for both spouses.
As you can see from the revised code for Ohio, inheritance is seen as separate property. While this designation tends to be how most states handle inheritance, your actions with the funds can sway it into marital property. A “transmutation of property” is intentionally taking something like an inheritance of a home and placing your spouse's name on the deed. Should a divorce occur, you will unlikely convince a court that you didn’t intend to make the house marital property.
“Comingling,” or mixing an inheritance with marital assets, is the most common way couples end up converting that inheritance into marital property. This type of conversion often happens by accident. When you’re grateful and quick to use funds, chances are you’ll deposit them into a joint account. Without even realizing it, you’ve made that inheritance marital property. You may argue that you didn’t intend it to be marital property when the time comes, but that’s a very difficult argument to win.
If your ex-spouse receives an inheritance post-divorce, there are only a couple of ways you may share those funds. Maybe you addressed it in the divorce judgment. Or, depending on the amount they inherit and laws, you get alimony or child support and petition the court to increase the monthly payment.
A prenuptial agreement may be necessary to protect each partner’s assets. Note that establishing a prenup requires you to meet stringent guidelines. Hiring someone to help you navigate those rules is essential.
For any professional assistance with property division in the event of a divorce, seek an attorney you can trust. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 to make an appointment.
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
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