Cincinnati Family Law & Divorce Blog: Is it Mine or is it Ours: Tracing Separate Property Interests

A major consideration when contemplating a divorce is how assets and debts will be divided between the spouses.  In Ohio, any asset or debt accumulated during the course of a marriage is presumed marital and subject to division by the court unless it can be shown that the asset or debt is separate or non-marital.  There are three main types of separate property: inheritance, gifts, and property owned prior to marriage.  These categories of property are not subject to division by the Court.  To the extent that any asset or debt is solely the separate property of one spouse, then that spouse will retain the asset or debt in the divorce free from any claims the other spouse.   Complications arise when a spouse's separate property is commingled with marital property.  For example, Wife receives an inheritance when her father passes away.  This money, if deposited in a separate account with no...