For over 30 years, Cincinnati attorney John L. Heilbrun has been representing people in southwest Ohio in matters involving all aspects of family and marital law. He has extensive experience practicing in the Domestic Relations Courts of Hamilton, Butler, Clermont and Warren counties in Ohio.

In all actions that involve the termination of a marriage, it is necessary for all of the property and debts of the spouses to be divided. Initially, there must be a determination of whether specific property and debts are marital or separate property, or, in some cases, a combination of both.

The determination of whether specific items of property or debt are separate, marital or mixed, is sometimes very complex, and often it is necessary to be able to obtain historical financial records to prove that certain property is the separate property of one spouse.

Generally, any property accumulated during the marriage through the efforts of either spouse, or any increase in the value of what would otherwise be separate property which increase results from the efforts of one or both spouses during the term of the marriage, will be considered marital property. There is a presumption that all property of the spouses is marital property, and the burden is on the party asserting that particular property is separate property to prove the same. The fact that property is titled in the name of only one spouse or in the names of both spouses is not determinative as to whether that property is marital or separate property.

The law provides that all marital property is to be equitably divided between the spouses upon the termination of their marriage. Although an equal division will often be considered an equitable division, this is not always the case.

Separate property will usually be retained by the spouse whose separate property it is. However, if the Court determines that such a result would be inequitable, the Court can Order that separate property  be divided between the parties.

Issues related to the division of the debts of the parties are subject to the same laws and provisions as division of property.

The determination as to whether certain property or debt is marital or separate, the valuation of various types of property including real estate, antiques and works of art, pensions/retirement plans and businesses or business interests often requires the accumulation and organization of substantial information and numerous documents, as well as the retention of experts in related fields. John Heilbrun has substantial experience in accumulating and organizing such information and documentation and the skill, ability and experience to present the same in Court in the way that will be most helpful to his client’s position.

For more information regarding property and debt division, or to discuss your legal matter, call us at (513) 321-3940 or contact us online >