Getting a divorce is one of the most stressful events in a person’s life. Property division is one of the most complex and emotionally difficult issues in that process. Many spouses will naturally wonder: “Who gets the house?”
In Ohio, property division in a divorce is done according to equitable distribution principles. That means courts will divide property acquired during the marriage fairly, not necessarily equally.
In this article, we will explore who gets the house in an Ohio divorce: how courts will treat the marital home, factors that go into that consideration, and your options to resolve property disputes.
Ohio Property Division Basics
As mentioned above, Ohio is an equitable distribution state. The way courts divide property is based on what is fair, not what is strictly equal. Some key definitions are:
- Marital property is property that has been acquired during the marriage, and it doesn’t matter whose name is on the title.
- Separate property is property that has been acquired before the marriage, by inheritance, or by gift to one spouse.
Even if the marital home is titled in one person’s name, it is still considered marital property if it has been purchased during the marriage, or if it has been purchased with marital funds.
Factors Courts Consider for the House
To achieve a fair division, Ohio courts will take into account multiple factors, including:
- The duration of the marriage.
- How much each spouse has contributed to acquiring, maintaining, or improving the house.
- Each spouse’s economic circumstances – income and earning potential, for example.
- Child custody – courts often favor the parent who will live in the house with the children, as it’s important for stability.
- Any debts to do with the house – such as mortgage and taxes.
Fault-base issues are sometimes considered, but as a general rule, Ohio is a no-fault state.
Options for Dividing the Home
For what division is concerned, couples have several options:
- One spouse may award the house to the other, often with the understanding that the other spouse will receive other marital assets to make the distribution balanced.
- Selling the house and splitting the proceeds is a common option when neither spouse has the financial means to afford the mortgage on their own.
- Co-ownership for a certain amount of time is uncommon, but possible when both spouses want to remain in the house until a certain time, e.g. children finishing school.
It is the courts’ preference that couples choose an option which minimizes conflict, and which provides stability for the children, if applicable.
Refinancing or Buyout Considerations
In the event one spouse keeps the house, they will have to refinance the mortgage in their name alone. This is done so that the other spouse will no longer be financially liable for mortgage payments.
In this option, courts will consider each spouse’s financial means when it comes to affording the house and the expenses that go with it. A buyout agreement will allow one spouse the opportunity to pay the other their share of the home’s equity.
Role of Mediation and Negotiation
In Ohio, many couples who divorce opt for resolution through mediation or settlement negotiations. Mediation allows spouses to:
- Reach an agreement on who keeps the house.
- Make decisions on buyouts, refinancing, or sale terms.
- Minimize any stress, as well as the emotional and financial costs of litigation.
This is where a skilled divorce attorney can help. They can negotiate fair terms on your behalf, as well as protect your financial (and custodial) interests and rights.
Why Legal Representation Matters
Marital home division is a complicated process, especially when mortgages and equity disputes are involved. An experienced Ohio divorce attorney can assess your home’s value and equity and advise on options for buyouts, sale, or refinancing. They will also negotiate and litigate to protect your rights.
Legal guidance in an Ohio divorce and in property division is very important to ensure that division is fair. This aspect of a divorce can is challenging and difficult to navigate alone. At David Shook, we work with clients like you every day, and we make this daunting process simpler.
If you are in the process of getting a divorce and you are wondering who gets the house, contact David Shook today. Our experienced divorce attorneys will guide and help you in navigating property division whilst protecting your rights.
Let’s work together in securing the best possible outcome for you and your family.
