Blast From The Past: I Want to Keep the House, But Should I?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home.… View Full Article → “Blast From The Past: I Want to Keep the House, But Should I?”

Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe

Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?

Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power.  With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American?  Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member?  Does a state court have the ability to divide Native American assets upon divorce?

To start, a Native American tribe has jurisdiction over any domestic relations dealing with their members or arising out of their land.  However, in 1953, Congress enacted Public Law (PL) 280 (codified as 18 U.S.C.… View Full Article → “Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe”

Divorce: Options to Dispose of the Marital Residence

What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding?

In the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.

I now provide to you my list of available options in disposing of the marital residence during divorce:

  1. Sell the residential property for the “best obtainable price” and divide the net sale proceeds.
  2. Sell the residential property for the “best obtainable price” and use the net sale proceeds to pay off marital debt or to pay down marital debt.
  3. Determine the equity in the marital residence, if any, with one party “buying the other party out” of his or her interest in the marital residence.
… View Full Article → “Divorce: Options to Dispose of the Marital Residence”

Divorce: Dividing iTune Libraries and Other Digital Assets

What Happens To Your Digital Assets In A Divorce?

Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media

Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have value and you did spend money to amass this library.  Even though this asset is not a house, car, jewelry, or even cash, it’s still considered an “asset.”  It also doesn’t matter which spouse maintained the library, or who actually purchased the digital assets; as long as they were obtained during the marriage, they qualify as “marital assets” which means they’re treated no different than a car or any other tangible asset.… View Full Article → “Divorce: Dividing iTune Libraries and Other Digital Assets”

Divorce Assets In Ohio – Survivorship Benefits For Spouse

What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered?

How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree

The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be addressed separately.

Husband Passes First:

Let’s address the situation when the husband passes first.  What about those assets in which wife released or no longer had any interest, yet she remains either a beneficiary or a joint survivorship owner when husband dies?  By operation of law, you would think that those assets would pass to her regardless of the Court Decree, but a quick look to Ohio statutory law helps answer this question.  … View Full Article → “Divorce Assets In Ohio – Survivorship Benefits For Spouse”

Divorce: Dividing Property, Assets & Debts in Ohio

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the marriage is generally divided “equitably”.  While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, an equal division is presumed to be the starting point.… View Full Article → “Divorce: Dividing Property, Assets & Debts in Ohio”

Engagement Ring Blues

Who Keeps the Bling After a Break-up? Engagement ring ownership is defined under Ohio law.

At 18 years old, Johnny and Patty are in love.  Johnny has been dating Patty for almost 4 years.  Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio.  Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other.  The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose.  Patty’s parents grant permission, believing the two to be inseparable.   Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring.  He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts.  Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement.   … View Full Article → “Engagement Ring Blues”

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