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Ohio Marital Property Laws

Overview of Marital Property Law in General

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 allowing for several different methods to divide marital property after a divorce.

What is Considered Marital Property in Ohio?

In Ohio, marital property is that which is acquired by the couple during the marriage, which is 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:

  • All real and personal property currently owned by either or both spouses (this includes retirement benefits)
  • All interest that either or both spouses have in real estate or personal property
  • All income and appreciation on separate property pertaining to the other spouse's labor, monetary, or in-kind contribution
  • Money from a public employee participant (deferred compensation) account

What is Not Considered Marital Property in Ohio?

Ohio marital property laws exclude the following (which are considered "separate property" in a divorce or separation proceeding):

  • Inheritance by one spouse
  • Real estate, personal property, or interest acquired by one spouse prior to the marriage
  • Passive income/interest acquired from separate property
  • Real or personal property excluded through a prenuptial agreement
  • Any gift given to one spouse during the marriage (proven through clear evidence to have been given to only one spouse)

The following chart and links will provide you with information about Ohio marital property laws, with links to related resources. See FindLaw's Divorce and Property section, including Divorce and Property Division FAQ and Inheritance and Divorce to learn more. In order to protect your interests in the event of a divorce, make sure you do adequate research and get in touch with a divorce attorney.

Code Section Ohio Revised Code 3105.171
Community Property Recognized? No
Dower And Curtesy Dower (§§2103.02; et seq.; 3105.10); curtesy abolished (§2103.09), husband has dower interest

Note: State laws are constantly changing -- contact an Ohio divorce attorney or conduct your own legal research to verify the state law(s) you are researching.

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Ohio Marital Property Laws: Related Resources

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