Legal Question in Family Law in Ohio

State of Ohio: I purchased a home 2 years ago. My boyfriend has lived with me since I bought the house. The house is in my name only. We are now planning on getting married. If I keep the house in my name and owned it prior to the marriage, if we were to divorce in the future, would he then be entitled to 1/2 my house according to Ohio law? Just wondering if I have to get a prenup in order to be able to keep my house in the event of divorce.


Asked on 4/23/13, 7:38 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, upon the divorce of the parties, the court will first classify all property (and debts) of the parties as either marital (thus to be divided) or separate (thus not to be divided). Property owned by one of the parties before the marriage will generally remain separate property upon divorce unless significant marital funds (income earned during the marriage) was expended into it. Thus if you and your spouse were to pay the mortgage for ten years on that property, then at the divorce, it would likely be that some portion of the home's value would become marital.

But if you were abble to pay the home and its other expenses off with non marital assets (like an inheritance or person injury settlement money or other money you had before the marriageO then the property would likely remain separate property completely.

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Answered on 4/24/13, 7:22 am


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