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Property Division FAQ

When you get married, you never imagined that one day you will be deciding how your property will be divided. You need an attorney who will help you determine what is fair. To discuss your case with one of the experienced attorneys at Sowald Sowald Anderson Hawley & Johnson, call our Columbus office today at 614-556-4231 or fill out our contact form. We can help you feel confident about your future. We have helped clients throughout Ohio.

Below is a list of frequently asked questions that our lawyers receive.

Q: What is the difference between marital property and separate property?

A: Marital property is all the property acquired during the marriage, except for gifts and inheritances. This includes retirement benefits, property and financial assets. When facing a divorce, both spouses are entitled to walk away with some portion of these things. Separate property is anything acquired by one spouse prior to the date of marriage or by gift or inheritance during the marriage.

Q: Is Ohio a community property state?

A: We are NOT a community property state. This means that all property is not automatically divided 50/50 in the divorce. Instead, separate property is not considered, and the standard is fairness.

Q: What does the court look at when dividing property?

A: There are a number of factors that are considered. The most common things are: what is marital property versus separate property, whether one party or the other wants particular assets and the effect of division on the value of the asset.

Q: What if we signed a prenuptial agreement?

A: The goal of a prenuptial agreement is to avoid any disagreement over assets when facing divorce. A prenup that contains a provision for property division usually takes precedence over any current laws. This is because it was agreed upon and tends to specifically list what property would go to each spouse. It is often difficult to change what is stated in the agreement.