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October 5, 2010
Understand your marital property rights
(PLEASE NOTE: This article refers to Ohio law and may not be applicable in your state.)
If you are married, what’s “mine” is really “ours.”
A large percentage of my practice deals with divorce and dissolution cases. Many people are shocked to learn about Ohio law concerning the division of property and debts in a divorce case. There is a common misconception that just because some property, bank account, credit card or other asset or debt is in the name of only one spouse and not the other, it belongs to them, even after a divorce.
When parties are divorced, the court is required to divide all marital property and debts. That division first requires the judge to determine what constitutes marital property and debt.