Columbus Property Division Lawyer

Columbus Property Division Attorney

When couples get divorced, they need to decide on how to divide their property and assets. During this process, it can either go smoothly, or you and your spouse can’t agree, and it goes to court. In either situation, it’s important to have an experienced Columbus property division lawyer by your side. They can protect your interests throughout your case.

At Babbitt & Dahlberg, we have been providing clients with compassionate and personalized representation for over 30 years. The firm, led by Gustav Dahlberg, is committed to continuing a legacy of skilled representation that gets results. Mr. Dahlberg is familiar with the Franklin County Court of Common Pleas and Ohio family law, and he brings that knowledge to each case.

Types of Property Divided in an Ohio Divorce

Ohio has 5.1 marriages per 1,000 people and a divorce rate of 2.4 per 1,000 people. During divorce proceedings, couples need to determine how to divide their assets, which can be challenging. Whether you are navigating a Columbus high-asset divorce or a standard filing, understanding the distinction between marital and separate property is vital.

Ohio property division laws follow Ohio Statute § 3105.171. This statute allows for equitable division. The court determines what is fair for both spouses, which is not necessarily a 50/50 split. Instead, the court considers what each spouse brought to the marriage, their income levels, and what they will need after the divorce.

Ohio categorizes property as follows:

• Marital property encompasses any assets that were acquired during the marriage. It includes real estate and retirement benefits,
• Separate property involves assets that were obtained by a spouse individually. It includes gifts, inheritances, and property owned before the marriage.

The Ohio courts only consider marital property when dividing assets, but disputes may occur if separate assets were commingled throughout the marriage. A Columbus property division attorney can determine what is marital and separate property. Then, they can work to protect what is rightfully yours.

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How Property Is Divided

Property is divided according to the factors set in the Ohio Revised Code 3105.171 (F). These include the:

• Duration of the marriage
• Assets and liabilities of both spouses
• Liquidity of the property being divided
• Benefit or drawback of awarding the family home to the spouse who has custody of the children
• Tax consequences of property division
• Retirement benefits

Is Fault Considered in an Ohio Property Division Case?

Ohio is one of the few states that will consider fault in a divorce. The court may take this into account when determining property division. A fault-based divorce may include claims for:

• Adultery
• Abuse
• Abandonment
• Imprisonment
• Substance abuse
• Gross neglect of duty

Depending on the grounds for the divorce, the court may determine that a larger percentage of certain assets should go to the spouse who was not at fault, and a smaller percentage would go to the spouse who is determined to be at fault. If you are considering a fault-based divorce, you’ll want to hire a property division lawyer.

Hire a Property Division Lawyer

We understand that divorce can be difficult, but it is also important to protect your assets. Contact Babbitt & Dahlberg today for help. We can discuss your case, identify marital and separate property, and explain the legal process for dividing assets.