Marital Property, Separate Property and Mixed Property Explained

In a divorce or a dissolution, Ohio law provides that the court must order an equitable division of all marital property or debt. Generally, property or debt acquired by either party during the marriage is deemed “marital”. This includes any property acquired during the marriage, regardless of which party’s income was used to purchase that property. Retirement benefits, household goods, cars and investments are marital property and this is true even if these assets are not tiled jointly.   However, certain property can be deemed one party’s separate, otherwise called non-marital property. Separate property can include property that either party owned prior to the marriage, received as a gift or inheritance, or purchased with funds that the party had prior to the marriage or received as an inheritance or gift. Separate property will not be included in the overall division of property, but rather will be awarded to one party....

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