Created by FindLaw's team of legal writers and editors | Last reviewed May 10, 2018
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All of the property acquired by a couple during marriage is considered marital property and thus subject to division during the divorce process. Some states (not including Ohio) recognize "community property," in which all property is jointly owned. Ohio marital property laws follow the majority of states in dividing marital property through equitable distribution.
In divorce proceedings, the court determines the property that is marital property and the property that is the separate property of each spouse. Once the property is classified, the court divides the property "equitably" between the spouses. Generally speaking, each spouse is considered to have contributed equally to the acquisition and production of marital property.
In Ohio, marital property is that which is acquired by the couple during the marriage, defined as the period between the date of the marriage through the final hearing of a legal separation or divorce action. The state defines marital property as including:
Ohio marital property laws exclude the following (which are considered "separate property" in a divorce or separation proceeding):
It's important to remember that, as per Ohio marital property laws, separate property can remain separate even if it's commingled with other types of property unless the separate property can no longer be traced (as separate property).
It's important to read the actual statute when researching laws, but it can be helpful to first read a summary of the relevant statutes in plain English first. The following chart provides a brief overview of Ohio marital laws, and links to relevant statutes.
| Code Section(s) | Ohio Revised Code Title XXXI, Section 3105.171 (Division of Property) |
| Community Property Recognized? | No |
| How Is Property Divided? | Generally, marital property is divided equally; however, if equal division would be inequitable, then the court will decide to divide it in a manner that is equitable as per the court. Some of the factors used to determine that the division of property is equitable are:
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Related Statute(s) |
Ohio Revised Code Title XXXI:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Ohio's marital property laws give you a general sense of how your property will be divided in the event of a divorce or separation. However, the actual asset split depends on the particular circumstances of your case. If you're going through a divorce in Ohio and need assistance with property division issues, it's best to discuss your situation with an experienced divorce attorney near you to get personalized legal advice.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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