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    • Marital Assets

    Question: 

    My husband and I got married 6 years ago. In the past 6 years, we have not lived together more than 6 months at one time, or 2 years total. I have aquired personal properties with my own personal income during the past 6 years, Mostly aquired when he was not living in the home. I have filed for divorce, he is currently living with another woman, Since the State of Ohio is a division state, is he entitled to my personal properties in our divorce?

    State: 
    Ohio
    Answer: 

    All states are "division states" in a divorce. A handful are known as "community" property states where marital assets are usually split 50/50 right down the middle. The rest of the nation is comprised of "equitable" property states. Ohio is as an equitable property distribution state. When spouses cannot agree on division on their own, the Court will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but what is fair. This will probably work to your benefit in this instance, as 50% ownership of your own property is not automatically an assumption. If you have acquired assets of your own with your own money, the court will likely consider it your property. Talk to a lawyer if you are unclear, but unless your husband contests your version of the facts, it sounds like you won't have a big problem. - The Divorce.com Team

    Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE'S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

    What happens when the woman has earned all the assets, (husband never worked a day in the marriage of 25years) and they reside in a community property state? How can she keep her assets, and pension?

    Does adultery and abandonment play into equitable property division, and does length of actual time in the marriage make a difference as it relates to equitable property distribution in the State of Ohio?

    Hi, My dilema is that my ex-husband is fighting me on a property settlement claiming that I had no part of his company's business assets, even though he was sole owner and it was the only source of his income for the years we were married.
    Unbeknownst to me he had not filed taxes during the entire time we were married, nor did he re-incorportate his business during the time the marriage. (I assume it was a way of evading tax paying. This gets quite complicated as his attorney presented a brand new shiny document from the state saying that his business is now incorporated and it has clearly been his business all along, therefore I should reap none of the company benefits (which happens to be in the millions). He has paid his back taxes, which I already know I'll be responsible for half if I'm rewarded money from the business. He owns other property and "toys" he purchased on the company name which he also says I am not entitled to.
    My attorney is not the shark his attorney is. Will I be left with nothing, or is there a possibility something substantial will play out for me? (No children involved, the property the home was built on was already his property, even though I contributed to the mortgage payments, it was not fully paid for at the time of the divorce.) Please, please help to ease my mind in all of this mess. My attorney is working on this, but not at all giving me promising answers.
    Thanks, Millie D.

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