HOW TO KEEP YOUR SEPARATE ASSETS AND PROPERTY FROM YOUR SPOUSE IN A DIVORCE – OHIO

Divorce

Parties in Ohio can make separate property claims during a divorce for certain property and assets to be excluded from the fair and equitable division of marital property. The Ohio revised code includes that “Separate property” is defined as all real and personal property and any interest in real or personal property that is found by the court to include the following:

      • inheritance by one spouse
      • acquired by one spouse prior to the date of the marriage
      • passive income and appreciation acquired from separate property by one spouse during the marriage
      • real or personal property that is excluded by a valid antenuptial agreement
      • compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings
      • compensation for expenses paid from marital assets
      • any gift to one spouse

The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.  In divorce proceedings in Ohio, the court may determine what constitutes marital property and what constitutes separate property. Commingling property means that the parties have combined their marital property and separate property into one lump mass where it is difficult to tell what property is marital property and what property is separate.

Failure to provide the correct documentation or witnesses concerning separate property to the court can result in a division of property that rightfully belongs to only one party, since the law for Divorce in Ohio is fair and equitable division of all marital property.  Property which for all intents and purposes looks to be marital property will be deemed marital without other evidence. A party who wishes to claim separate property assets in a Divorce should be prepared to provide documentation and evidence of all separate assets for the court. Separate assets and property can include all or a portion of real property, businesses, bank accounts, retirement accounts and passive income.

For example, evidence of an inheritance may require testimony from family members about the source of funds or property when there is an inheritence or family heirlooms. Sometimes finding proof of separate assets and property can require digging through bank records and credit card statements. Parties might need to send out subpoenas for records to gain access to information that is older or otherwise electronically inaccessible as another tool to gain information.

A division or disbursement of property or a distributive award made pursuant to a Divorce in Ohio is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. Ohio’s Divorce law that awards are not subject to future modification generally means that all sales are final.  Prior to any entry for Divorce in Ohio all separate assets must be properly identified so they are not wrongfully divided or credited to the other party in a final order. Parties who have separate assets and property or believe they have separate assets and property as part of their Divorce should contact a local family law attorney in order to fully understand their rights before the Divorce is final. R. A. Parish Law, LLC provides 30 minute, no cost, no obligation consultations at (614) 407-0443.

When Holiday Despair Outweighs the Holiday Cheer

child custody, Divorce, Family Law

Dealing with high conflict relationships and emotional abuse of any kind can be challenging. For couples without children or grown children it could mean dividing an accumulation of resources and assets which were meant to be used for a comfortable retirement.  For parents, the process can have added difficulty. On the one hand, it’s a matter of protecting children and showing them their value. On the other, separating mothers and fathers worry about child support. Will they be able to survive separate and apart whether paying it or receiving it?

Of course, there is a chance that vindictiveness and parental alienation will rear their ugly head when couples are in the midst of a high-conflict separation. There is a chance of lengthy drawn-out expensive litigation that might gobble up limited resources. The price tag that comes in splitting up, with children, will certainly mean less time with the children and there is always the worry it may result in the children seeing one parent as less favorable than the other.

There is a multitude of reasons one could find him or herself in a high-conflict relationship. It could be as simple as one partner just likes to fight and needs to be right. Alcohol and drugs can also add to already stressful situations. Here are some suggestions to cope with high-conflict situations this holiday season:

    • Seek legal counsel as soon as possible. Find someone who makes you feel comfortable and who understands your wishes.
    • Don’t engage in conversations with your partner that could escalate.
    • Consult with a counselor or spiritual advisor to give yourself an outlet.
    • Gather and keep record of all financials, income, and property ownership.
    • Don’t discuss your situation with anyone. Not everyone is your friend.
    • Try not to react – especially when your partner is looking for a reaction.

Maintaining calm and resisting the urge to fight may seem like a never-ending battle where no matter how much resistance and calmness is practiced it does not prevent an explosion from erupting. An evening may end in argument with the children hiding in their rooms and the parents angry in separate rooms. For couples without children or grown children one of them might even leave to go somewhere else out of spite.

There are all kinds of ways to handle high-conflict situations. Surely, no one should be forced to sit back and take abuse from a narcissistic partner. No doubt finding someone to wage a war on your behalf certainly sounds like a great idea! However, one should proceed with caution. Some lawyers will add to an already combustible situation and watch it explode. Someone with good intentions may prod you into finding legal counsel with strong “bulldog” tendencies which can, in turn, escalate matters beyond any ability to acquire an agreed settlement later. It takes immense courage to escape someone when they’re treating you less than human.  It also takes a viable plan to lessen as much as possible the negative impact of it all in one’s own personal and mental well-being.

Making the decision to end a marriage is one of the most difficult decisions one will make in life. When the cheer from the holidays is outweighed by despair most couples find this is a major sign of a severely damaged relationship that is headed toward a custody battle and/or divorce.  The advice and counsel of an experienced family law attorney is paramount to one’s guidance and understanding of the process in making the difficult decision to end a marriage or relationship with children. Understanding your rights and the process can help you make the best decisions possible for moving forward in a new way of life.

If you are facing divorce and/or child custody issues R.A. Parish Law, LLC is available to help guide you with compassion and skill. No Cost, No Obligation Consultations (614) 407-0443.

Now that We Broke Up, Who gets the Engagement Ring?

Divorce

When you met the love of your life, you presented her with the most stunning diamond engagement ring that your money could buy. It is the most significant jewel, even if it isn’t the first piece of jewelry you’ve given her. But now, your relationship has been shattered and maybe you followed through on the marriage or maybe you didn’t.  But what happens to the engagement ring?

In Ohio, property is divided in a Divorce through the process known as the equitable division of assets. Most property that is acquired during the course of a marriage is considered a marital asset. However, property that is considered to be separately owned by one spouse under Ohio law includes the property owned by one spouse before the marriage as well as gifts and inheritances which are not subjected to the marital distribution.

You purchased the ring before the marriage. Is it a gift? A symbol? This is where the discrepancies come in. While there isn’t a set rule which says what must happen to the ring, there tends to be a trend the courts will follow depending on set circumstances.

The ring is the separate property of the spouse who received the ring so long as the couple did get married after the ring was given. The timing of the gift is important because as noted above property that is acquired during the course of the marriage is subject to equitable division. But, if the couple separates before “I Do,” most states will say the gift was conditional and should return to the person who purchased it.

In Ohio, the conditional gift rule is most often in place for engagement rings. This was solidified by the court’s ruling in the Smith v. Shafer case in 1993 when the Court stated: “Generally, a completed inter vivos gift is absolute and irrevocable.”  However, a donor may impose conditions on a gift so that if the conditions fail, the gift also fails.  The loophole for this is if the engagement ring was given on a holiday or the receiver’s birthday. In those cases, it may be argued that the engagement ring was not given in anticipation of marriage but given for some other purpose.  We can go further into argument if the ring was a family heirloom, or was destroyed/lost  before it could be divided or recouped, given any arguments there are most likely further issues to follow.

That’s why if you are in the process of a major breakup or divorce in Ohio, you need the guidance of a trusted family law attorney. “Breaking up is hard to do” but getting the engagement ring back doesn’t have to be. Whether you never made it to the altar or you are going through a divorce, R. A. Parish Law, LLC will work tirelessly to ensure your assets are distributed fairly and equally.  Contact R. A. Parish Law, LLC today for a free consultation at (614) 407-0443.

 

 

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