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Determining Who Keeps the Family Home in an Ohio Divorce

Determining Who Keeps the Family Home in an Ohio Divorce
May 2, 2018 LS_admin
The Conciliation Process in an Ohio Divorce

At the outset of a divorce, one of the first things people tend to think about is who will continue to reside in the family home. In the blog below, Dawes Legal, LLC, discusses Ohio’s laws in division of marital property and how those apply to the homes spouses share.

Ohio Factors for Division of Property

If you are ending your marriage through a dissolution process, you and your spouse will work together to decide who keeps the family home and how the home will be offset for the other spouse. Sometimes, spouses have no arguments about one spouse keeping the house outright, and sometimes, they choose to offset the house with other property or liquidated assets.

If you and your spouse choose divorce over dissolution, you can still try to agree on which spouse keeps the house, but the court can intervene to decide this, as well. In so deciding, the court will consider several factors set in Ohio law regarding division of marital property. A house you bought with your spouse will be considered marital property.

The court will analyze the following factors in this situation:

  1. The amount of time you were married;
  2. The property each spouse possesses;
  3. The benefits of allowing the spouse with primary custody of children from the marriage to keep the house or reside in the house;
  4. The cash value of the house(s) to be divided;
  5. The potential benefits of keeping the house intact (not selling);
  6. The tax implications of dividing the house;
  7. The sale costs associated with selling the house to arrive at a fair distribution.

When the court has weighed all applicable factors and heard from both spouses, it will determine who should keep the house or whether the most equitable solution is to sell the house and divide the proceeds. While one of the factors above mentions child custody, the spouse with primary custody will not automatically receive the house. The court will consider all factors and use its judgment to arrive at an equitable result.

If the court awards one spouse family home, the court will likely offset this somehow for the other spouse, again using other marital property or assets. The house is then the property of the one spouse, and he or she will not need to consult the other spouse in making decisions about the house after the divorce.

Contact an Ohio Divorce Attorney Today

Before you file for divorce, you should seek the experienced advice of a Columbus, Ohio divorce attorney. A lawyer will discuss division of marital property with you and help you understand what assets will be divided in a Columbus, Ohio divorce and how a court might rule during divorce proceedings. You can schedule a consultation with skilled Attorney Shannon Dawes today by calling Dawes Legal, LLC, at (614) 733-9999.