Columbus Property Division Attorneys

Legal Guidance You Can Trust, Serving Clients Throughout Central Ohio

A divorce involves completely separating from the person you have shared your life with. Most likely, you and your spouse have acquired a significant amount of property during the course of your marriage. Property division is an important aspect of a divorce case, and it can be complicated (especially in cases of contested divorce or high-net-worth divorce). For assistance with every aspect of your divorce, including property division, you can count on Kemp, Schaeffer & Rowe.

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Who Receives the Property in an Ohio Divorce? 

Before dividing the assets, it is necessary to classify an asset as either separate or marital property. There is a presumption that all property owned by the spouses is marital property. The exception is separate property. Marital property is divided between the parties in a divorce, while separate property is not usually divided, except in the case where a party has committed financial misconduct.

The distinction between separate and marital property is relatively straightforward. Property owned before the marriage is considered separate, while property acquired after the marriage is considered marital. Gifts and inheritances may be considered separate property, even if they were received during the marriage.  This will depend on the ability of the spouse asserting the claim of separate property to trace the property owned before the marriage, the gift, or inheritance and the passive growth or appreciation as to whether that spouse will be successful in being awarded his or her separate property by the court. Settlement negotiations can also turn around this distinction of marital versus separate property.. 

Determining what constitutes separate or marital property can be more complex than it initially appears. For instance, a 401(k) account belonging to one spouse may be considered separate property since it was obtained before the marriage. Still, any funds contributed after the marriage and the passive growth on those funds can become marital property. Similarly, a house owned by one spouse prior to the marriage may become marital property—at least partially--if a mortgage is paid or significant renovations are made during the marriage which increase the home's marital equity or fair market value. Tracing and proving these values to a court or to the other spouse’s attorney requires an awareness and sensitivity to these issues, which are regularly litigated by our attorneys

To determine which portion of an asset is separate or marital property, it is essential to analyze each asset's value thoroughly. This process requires asking the right questions, which is where the leadership of an experienced domestic relations attorney is invaluable. At KSR, we understand how to navigate complex asset division matters and ensure that our clients' interests are protected.

Marital Property vs. Separate Property

During a marriage, the assets and debts of spouses can seem impossible to separate. In order to simplify the process of property division in the event of divorce, property is classified as either “marital” or “separate.”

Marital property, also known as community property, includes anything that the couple acquired after getting married. This can even include things that either spouse bought or earned on their own — if it was bought or earned during the marriage, it may be considered marital property.

Separate property includes anything that each spouse acquired before getting married. Some items acquired during the marriage may be considered separate property, such as inheritances and gifts.