PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!
This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home. The key factor is the stability of their parents, not what house they live in.
Is It Feasible To Pay The Mortgage, Taxes, And Utilities After Divorce?
It is important to realize that unlike spousal and child … Read More... “Blast From The Past: I Want to Keep the House, But Should I?”
Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power. With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American? Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member? Does a state court have the ability to divide Native American assets upon divorce?
In the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.
Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage. When these assets are identified, the process of dividing those assets up then runs its course. Today, with the constantly changing technological field, assets are not merely tangible objects anymore. For example, your iTunes library is not a tangible asset, yet it does have value and you did spend money to amass this library. Even though this asset is not a house, car, jewelry, or even cash, it’s still considered an “asset.” It also doesn’t matter which spouse maintained the library, or who actually purchased the digital assets; as long as they were obtained during the marriage, they qualify as “marital assets” which means they’re treated no different than a car or any other tangible asset.
The question was recently posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed. Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order? Two possible scenarios may arise, and each will be addressed separately.
Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation. This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the 
At 18 years old, Johnny and Patty are in love. Johnny has been dating Patty for almost 4 years. Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio. Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other. The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose. Patty’s parents grant permission, believing the two to be inseparable. Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring. He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts. Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement. Patty tells Johnny she doesn’t plan on returning the engagement ring and is hoping to sell the ring and pay for a semester of college tuition. Johnny runs home and tells his mother, who is an outstanding divorce and property lawyer in the …