Dividing a house in a divorce in Ohio can feel very confusing, as different states will have different laws regarding separate and marital property. No matter the details of your divorce case, it is essential that you understand what your rights are in a divorce so that you get the best possible outcome.
Are you wondering who gets the house in a divorce in Ohio? If so, check out this article, where we will be discussing the different factors involved in dividing a house in a divorce in Ohio.
Is the Home Marital or Separate Property?
When it comes to dividing a house in a divorce in Ohio, you need to understand the Ohio laws regarding marital and separate property. Marital property includes anything that was acquired during the marriage, including personal property, bank accounts, retirement benefits, and even the family home. On the other hand, separate property is anything that was acquired before the marriage began.
There are some instances where property that was acquired during the marriage could still be considered separate property. This may be the case when it comes to gifts, inheritances, and certain personal injury settlements.
When a couple is getting a divorce, marital property will be divided equally between the couple, while separate property will go to the spouse to whom it originally belonged. So, in the majority of instances, the home will be treated as marital property in a divorce case.
Cases Where Family Homes May be Separate Property
Despite being rare, it is possible for a family home to be categorized as separate property in a divorce. This could be the case if the home was inherited or bought by one of the spouses before they became legally married.
Because homes are automatically assumed to be marital property, you will have to be able to prove that your case is the exception. Also, if you have been married for 25 years or more, the court may determine that all property is marital, even if it was acquired before the marriage began.
Common Options for Dividing a Family Home
Because the home is usually considered marital property in Ohio divorce cases, some type of agreement will need to be reached. Unlike other types of assets, a home cannot be divided in half and distributed equally between the spouses. So, there are several options you can take advantage of:
- Selling the home: A common option Ohio couples choose is to simply sell the home and split the proceeds 50/50.
- One spouse keeps the home: Another common option couples can choose is for one spouse to keep the home and buy out the other spouse’s share of it.
- Co-owning: A temporary option is for both spouses to co-own the home post-divorce while they are deciding on the best way to divide it.
There is no perfect option for every divorce case, as it will be dependent on you and your ex-spouse and the rest of your divorce agreement.
It is a good idea to hire a divorce attorney in Ohio to represent you, even if you and your ex-spouse are on agreeable terms. Having legal representation will ensure your rights are upheld throughout the divorce and you get your fair share when assets are divided.
Factors Courts Consider in Montgomery County
Depending on the details of your divorce case, the divorce court may have to help make certain decisions regarding the family home. For instance, if communication with your ex-spouse is not amicable or an agreement cannot be made, the Montgomery County court may have to step in.
If this is the case, the judge will take several things into consideration when determining how the home will be divided. Here are some examples of what the judge will look at when determining how the family home will be treated in the divorce:
- Whether or not there are children and who has custody of them.
- Each spouse’s financial situation and debts.
- The tax responsibilities for whoever keeps the home.
- The length of the marriage.
- Whether one or both spouses can afford to keep the home.
- Each spouse’s current financial obligations.
The court will usually decide more favorably for the spouse who has custody of the children. For example, if both spouses want the home, the judge will usually rule in favor of the spouse who has primary custody of the children as long as they can afford to keep the home.
FAQ Section
What if neither spouse can afford the house after divorce?
If neither spouse can afford to keep the home on their own after the divorce, the home will need to be sold, and the proceeds will be divided equally between the spouses.
Can the court force the sale of the home?
Yes, depending on the circumstances of the divorce, the court can force the sale of a home even if both spouses wish to keep it. This will usually only happen if the spouses are unable to come to an agreement and neither of them can afford the home on their own.
What happens if the mortgage is only in one spouse’s name?
Even if the mortgage only has one spouse’s name on the title, Ohio still considers a home to be marital property. This is the case if any marital funds were used to pay the down payment, mortgage, or went to any type of improvement to the home.
Is it possible to keep the home jointly after divorce?
Couples can temporarily co-own the family home after divorce, but only one spouse can live there. Eventually, another option will need to be decided on since co-owning is not a long-term solution for dividing marital property.
Hire a Divorce Attorney in Ohio
You will need to understand how property division in Montgomery County works if you are starting the process of getting an Ohio divorce. Richard P. Arthur, Attorney at Law, has extensive experience handling divorce cases and can help you get the best marital home divorce settlement in Ohio. To proceed with your divorce case, contact us today at 937-254-3738 for a free consultation.