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property division Archives

Deciding what to do with the family home in a divorce

Dividing the family home can be a difficult and complicated affair for a divorcing couple living in Ohio. Most assets that a couple has do not retain a lot of emotional value. However, a home is attached to memories. In many cases, the couple raised their children under that roof. Or it could be that the couple still has minor children who don't want to be uprooted from the neighborhood and school that they have known.

Divorce and equitable distribution

Divorcing couples in Ohio should be aware that the majority of states will split marital property based on what is deemed equitable. However, this should not be mistaken for equitable distribution, which takes into account the facts of the case and the needs of both parties in the determination of how the marital assets will be divided.

Buying the family home during a divorce

The biggest asset on the table for many Ohio couples who are ending their marriage is the family home. A common option is for one spouse to buy out the other one. But before this happens, it's typically advised that they determine if this is financially feasible by treating the purchase as a new home buy instead of an ownership transfer.

Revealing hidden money during divorce property division

Financial issues often lead to divorce for Ohio couples, and they can also reflect some of the most important and contentious issues raised as part of a settlement. Unfortunately, some people may seek to avoid providing their spouses with their fair share during the property division stage by hiding assets in secret accounts or undisclosed investments. Unraveling these types of financial schemes can be complex and may cause the divorce process to take longer than necessary.

What to consider before taking the marital home

After an Ohio marriage comes to an end, an individual may be tempted to keep the family home. There are many questions that a person should ask before deciding to keep it. For instance, it may be worth considering if that individual could pay the mortgage on his or her own.

Protecting a business before divorce happens

When Ohio entrepreneurs get together to form a business, they may not be thinking about one another's personal lives, but doing so may be necessary to protect the company. If one business partner gets a divorce, the company could come into play during the property division stage of the proceedings.

Avoid these missteps when dividing retirement accounts

For some couples in Ohio who are getting a divorce, their retirement accounts might be the most valuable assets they own. They may need to divide these assets during the divorce, but it is important to ensure the proper documents are in place so that it is not necessary to pay taxes or penalties. People should also take precautions, such as not approving a change in beneficiaries for a 401(k), until the divorce is final. Otherwise, if the spouse who owns the retirement account dies, the other person may not receive anything.

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Kelly Law Office, LLC
136 West Mound Street
Columbus, OH 43215

Phone: 614-556-4280
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