Legal Question in Family Law in Ohio

I just found out my husband is cheating. He is about to inherit a large inheritance he says he is going to pay our home off should I leave before or after that

Asked on 9/17/13, 9:21 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison
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In Ohio, the general rule is that inheritance is the separate property of the person who inherits the money. Therefore, if your husband gets a million dollars, even while you are still married to him, that money will be his and his alone in the divorce.

However, there is an exception when the inheritance gets co-mingled with what is clearly marital property. Thus, if it is used to either pay off or make improvements to a marital asset, a judge would be able to decree that any portion of the inheritance so spent would become marital property and thus subject to division.

Your best bet would be to convince your husband to put as much of the inheritance as he can into improving marital assets so that these amounts can be split up by the Court in case you decided to get a divorce.

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9/17/13, 10:22 pm

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