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Gregg R. Lewis
Trusted Family Law Services In Columbus

What are non-marital assets?

On Behalf of | Aug 14, 2018 | Complex Property Division |

In Ohio, when you get a divorce, the court looks at your marital assets to divide property. Marital assets, according to the Ohio State Bar Association, are those things you own together. They are assets gained during the marriage. However, the court will not consider non-marital assets. There are four categories of such assets.

The first category are those assets that you or your spouse inherited during the marriage separately from the other spouse. For example, if your grandfather left you and only you property, then that would be a non-marital asset.

The second category is any asset you owned on your own before you got married. For example, if you owned a house before you got married, then it could be non-marital property. However, if you owned a home with your spouse before you got married, that would a marital asset because you owned it together.

The third category is any compensation you got as part of a court ruling for pain and suffering from a personal injury lawsuit. For example, if you were in a car accident and you sued for pain and suffering damages, the money awarded is a non-marital asset.

The final category is any gifts you gave to each other. For example, if your spouse gave you a new car for your birthday, then that is your property. It is not a marital asset.The catch with non-marital assets is that you need solid proof that they are your property alone. You have to prove through court papers or some other paper trail that an asset belongs to you and not your spouse. This information is for education and is not legal advice.



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