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How is property divided equitably?

On Behalf of | Sep 11, 2019 | Property Division |

Divorcing couples should know that Ohio is not a community property state. Because of that, property is not necessarily split down the middle. Instead, the courts will divide your jointly owned property in a way that is equitable and fair, even if it might not be even.

FindLaw explains that in order to decide what would be equitable property division for any given couple, the court looks at a number of determining factors before coming to a conclusion. This includes information related to you as an individual, to your spouse as an individual, and to both of you together as a couple.

Individually, the courts will look at information like your age, employability, job skills, current sources of income, and health. This helps them decide how easily you can replace any property you lose after the division. They may also examine your financial obligations to past marriages for the same reason.

As a couple, the courts will look at the duration of your marriage, your shared liabilities and assets, and your economic standing. This can help them get a better idea of what a fair division of your assets may look like. If you have children, the court may ask for information about who spent the most money on child-rearing, and who had a greater hand in the financial support of the children on a whole.

Together, these factors paint a picture that help courts make their choices. If you would like help representing yourself to the court so that you have a better chance of getting an equitable share of your assets, consider contacting an experienced divorce attorney.


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