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property division Archives

What is the acceptance of benefits doctrine?

As you begin your Ohio divorce process, you likely are caught up in all the things a divorce entails, particularly your custody and parenting time agreement and your property settlement agreement. With regard to the latter, make sure you understand exactly what you are signing. It may be difficult to modify it in the future.

How do Ohio courts divide marital debt?

As you face your Ohio divorce, probably one of your main concerns is how the court will divide the marital assets you and your spouse have accumulated during your marriage. But have you ever thought about the fact that your marital debts likewise must be divided between you?

Is your spouse committing financial fraud?

As you face your impending Ohio divorce, you may have the uneasy feeling that your spouse is up to something. Specifically, you may suspect that (s)he is attempting to hide marital assets so as to obtain an advantage when it comes time to divide your marital property by way of a property settlement agreement.

Divorce could affect children’s college future

Whether parents are considering terminating their marriage or have already filed for divorce, they should think about several factors that must be finalized in the divorce settlement. Parents have a host of issues that must be resolved before signing the final agreement, including child custody, parenting plans and child support. Another thing experts recommend parents consider is how their child’s college future comes into play and how the divorce may affect their education and plans.

Is all property divisible in a divorce?

Going through a divorce is often difficult and may feel overwhelming. You may be faced with strong emotions, as well as the hard task of dividing up the property that was accumulated during the course of the marriage. Ohio is an equitable distribution of property state, meaning all marital property is divided in a fashion that is considered fair and equitable by a court-appointed judge. Although marital items, such as the family home, vehicle, furniture, assets and possessions may be split between you and your spouse, there are some items that may remain in the sole possession of the original owner.

What constitutes an equitable property division in Ohio?

When you and your spouse divorce in Ohio, you must divide all the property that the two of you acquired during your marriage as equally as possible between you. Sometimes, however, a precise 50-50 property split would be unfair, leaving one of you at a disadvantage. FindLaw explains that in such a situation, you instead must divide your marital property equitably

Do you need to add a forensic accountant to your legal team?

If you and your spouse are contemplating an Ohio divorce, it may be difficult for you to arrive at a fair and equitable property settlement agreement, particularly if you are a high-asset couple. Your difficulties could be especially complex if you believe that your spouse is attempting to hide assets from you.

Accounting for all marital property is critical

When couples decide to terminate their marriage in Ohio, or anywhere across the country for that matter, they must cover a series of topics as they create a divorce settlement. One of the most difficult topics to tackle may be property division. While the family home, vehicles and finances are often considered first when dealing with marital property, there are a host of other marital items that may be less common. It is crucial that people keep these items in mind in order to get everything they are entitled to in the settlement.

Do you really own antiques?

If you and your spouse are a divorcing Ohio couple, you may have concerns about how to divide your marital property, especially if you own antiques – or think you do. While most people believe that an antique is an old and valuable collectible, that “definition” is only the tip of a very confusing and subjective iceberg.

Is a prenuptial agreement a good idea?

If you and your fiancé are an Ohio couple deep into the planning of your upcoming wedding, the last thing you probably want to think about is a prenuptial agreement. Prenups have received an unjustified bad reputation over the years as documents that rich people sign before getting married because they do not trust each other and therefore want to protect their respective assets from each other.

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