Ohio Divorce Guide: Content and Links

Property Division and Spousal Support (“Alimony”)

http://ohiodivorceguide.blogspot.com/2011/03/property-division-and-spousal-support.html

Ohio Spousal Support Calculations; Ohio Child Support Calculations

http://ohiodivorceguide.blogspot.com/2011/07/ohio-spousal-support-calculations-ohio.html

Cohabitation and Spousal Support (“Alimony”)

http://ohiodivorceguide.blogspot.com/2011/07/cohabitation-and-spousal-support.html

Inheritances and Divorce Property Division: What is Separate Property?

http://ohiodivorceguide.blogspot.com/2013/10/inheritances-and-divorce-property.html

Divorce Contempt Actions: Pre and Post Decree

http://ohiodivorceguide.blogspot.com/2013/08/divorce-contempt-actions-pre-and-post.html

Spousal Support Modification Issues: Court Reservation of Jurisdiction

http://ohiodivorceguide.blogspot.com/2013/07/court-reservation-of-jurisdiction.html

Using Experts For Determination of Spousal Support And Property Division

http://ohiodivorceguide.blogspot.com/2013/05/using-experts-for-determination-of.html

Divorce Restraining Orders

http://ohiodivorceguide.blogspot.com/2013/02/divorce-restraining-orders.html

Divorce Depositions

http://ohiodivorceguide.blogspot.com/2012/08/divorce-depositions.html

Divorce and Division of Social Security Benefits

http://ohiodivorceguide.blogspot.com/2012/01/divorce-and-division-of-social-security.html

Frivolous Conduct

http://ohiodivorceguide.blogspot.com/2011/12/frivolous-conduct.html

Can My Spouse Move Away With Our Child Or Children Or Interfere With My Relationship With Our Children?

http://ohiodivorceguide.blogspot.com/2011/08/can-my-spouse-move-away-with-our-child.html

Domestic Violence and Divorce

http://ohiodivorceguide.blogspot.com/2010/12/domestic-violence-and-divorce.html

> Legal Separation, Dissolution or Divorce?

http://ohiodivorceguide.blogspot.com/2010/12/legal-separation-or-divorce.html

Bankruptcy and Divorce

http://ohiodivorceguide.blogspot.com/2010/12/does-spouses-threat-of-filing-banruptcy.html

Infidelity And Divorce

http://ohiodivorceguide.blogspot.com/2010/12/infidelity-and-divorce.html

Should I Be The First To File For Divorce?

http://ohiodivorceguide.blogspot.com/2013/12/should-i-file-first.html

Presentation of Competing Decrees and Judgment Entries in Contentious Divorces
http://ohiodivorceguide.blogspot.com/2014/01/presentation-of-competing-decrees-and.html

Equitable Division of Patents in Divorce
http://ohiodivorceguide.blogspot.com/2015/02/equitable-division-of-patents-in-divorce.html

Ohio Annulments

http://ohiodivorceguide.blogspot.com/2015/02/ohio-annulments.html

 


 

 

                                                                             

Inheritances and Divorce Property Division: What is Separate Property?

 A party often wishes to retain inheritance funds specifically bequeathed to one spouse. Ohio domestic relations courts allocate inheritance funds by determining whether an inheritance can be regarded as separate property. Commingling of the inheritance does not necessarily destroy its identity, as the long as the inheritance is clearly identifiable and traceable. 

Consider how the Ohio Revised Code characterizes separate property: 

Ohio Rev. Code Ann. § 3105.171(A) provides in part:(3)(a) "Marital property" means, subject to division (A)(3)(b) of this section, all of the following:(i) All real and personal property that currently is owned by either or both of the spouses, including but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage.(6)(a) "Separate property" means all real and personal property and any interest in real or personal property that is found by the court to be any of the following: (i) An inheritance by one spouse by bequest, devise, or descent during the course of the marriage;(b) 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.

Example: Parties were divorced after a 36-year marriage. Prior to the divorce, the husband received an inheritance after his mother’s death. During the marriage, the inheritance funds were placed in joint accounts and some of the funds were used to purchase marital property. At trial no effort had been made to determine if the inheritance funds had remained separately identifiable property. The wife correctly contended that at least some of the funds had lost their character as separate property when the funds were placed in joint accounts and used for family purposes.

An appellate court may likely reverse the part of the trial court's judgment that declared the husband's inheritance to be separate property without attempting to trace the amount which was identifiably separate and remand for the trial court to determine if any of the inheritance had remained separate property.

Example: A wife failed to prove that inherited funds were her separate property. The funds lost their status as such, because they were co-mingled into the parties' joint bank accounts, and some of the funds were expended on business expenses, and others on marital expenses. Further, one of separate properties contained improvements, which were paid for with marital funds and separate funds. Said property was presumed to be marital property, and the wife failed to met her burden with testimony and documentation to trace the inheritance funds.

 

The two examples above are provided to illustrate issues regarding whether property will be regarded as marital or separate, and, how separate property must clearly identifiable and traceable.

The above information is not offered as, and does not constitute, legal advice. The information presumes you are not currently represented by an attorney who knows your specific circumstances.