How Does the Court Divide Marital Property?
The basic legal principal in Ohio in regard to the division of marital property and debts is that they are to be divided equally, 50/50. Nevertheless, the Court has the right to determine that under the circumstances of a particular case, it would be more “equitable” for the property and/or debts to be divided in some other manner.
Often the biggest issue that is encountered is not necessarily the manner in which “marital” property and debts are going to be divided, but whether or not certain property and/or debt is “marital”. This can be a significant issue in a particular case, and the consequence of whether certain items of property and/or debt are marital or non-marital is likely to have a substantial effect upon how, and/or whether, the same is to be divided between the spouses upon the ending of their marriage.