How Marital Property is Divided

For property to be fairly divided, the court must look at a number of different factors and make a determination on a case-by-case basis. Once a court makes a determination of what property is separate property and what is marital, then it must divide up the marital property based on state law. In Ohio, the court will divide the property based on what is fair, which may not always be equal to both spouses, according to the laws of community property states. The court will determine whether there needs to be a distributive award, meaning one spouse pays the other for the value of the asset or property, or whether an equitable division would be possible. Continue reading

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