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What becomes of your art if you divorce in Ohio?

On Behalf of | Feb 28, 2020 | Property Division |

The word artist is used to describe individuals who are musicians, screenwriters, painters and other creative-types nowadays. Many individuals who perform this type of work see what they do as a passion. They treat their work as if it were their baby, keeping a close eye on it up until they sign with a record company or sell it to a music studio or an art collector. If you’re an artist then you may be wondering what happens if you get divorced before any of this happens. What does may disappoint you.

Your artwork is treated like any other asset when you get divorced here in Ohio. Any pieces that you completed before your marriage is almost always yours to keep as separate property. Anything that you produce after you get married is generally seen as belonging to both you and your spouse, even if you worked on it all alone.

One of the first things that your family law attorney will generally ask you to do when you first contact them about your intentions to divorce is ask you to inventory your assets. Any artwork that you or your spouse have created should be added to that list.

It’s ncommon for couples to need to have some of their hard-to-value assets appraised by an independent third party. While you may think that you can sell a piece for one amount, that may not be its true market value. That appraiser may also decide that it could easily go for far more than you thought it could. It’s therefore advantageous for both of you to have the item appraised.

If the idea of parting ways with your art makes you feel uncomfortable, then you may be able to negotiate a settlement whereby you can keep the item and give your soon-to-be ex something of equal value in exchange.

Conversations regarding items as unique as your artwork can easily get heated. An attorney in Hamilton can help you broker a deal with your ex so that you can keep what means the most to you though.


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