Dividing Real Estate In A Divorce: Let Our Columbus Attorney Protect Your Property Interests
Last updated on December 19, 2025
Dividing real estate in a divorce can be complex, given the different types of properties involved. Investment real estate, rental properties, commercial real estate, vacation homes and out-of-state real estate are just a few examples of the real estate types that may need to be divided.
At Gregg R. Lewis, ESQ., we have been handling property division involving real property for over 40 years. Our lawyer, Gregg R. Lewis, ESQ., has a deep understanding of Ohio property division laws and the real estate industry and will work tirelessly to ensure that your interests are protected.
Is All Real Estate Marital Property?
In Ohio, marital property is any property acquired during the marriage, while separate property is any property that was acquired before the marriage, and may include inherited or gifts received during the marriage.
However, there are exceptions to this concept. For example, property purchased and fully paid off before marriage might be separate property, but if it accrues value during marriage, that increased equity may be marital property. When dividing real estate in a divorce, several factors are at play, including:
- The value of the property
- Any outstanding debts or mortgages
- Any premarital agreements
- The financial circumstances of both parties
Also, you should consider the emotional and practical implications of dividing real estate, especially if children are involved.
Who Keeps The Marital Home?
The marital home is often the most contested asset in a divorce, and deciding who gets to keep it can sometimes be challenging. For example, if one parent is the children’s primary caregiver, it may be in the best interests of the children for that parent to keep the marital home.
On the other hand, if one party cannot afford to keep the marital home, it may be more equitable to sell the home and divide the proceeds. An experienced divorce lawyer can help. Depending on your situation, a divorce real estate lawyer can help you make the best decision.
What Are The Key Considerations When Dividing Real Estate In A Divorce?
Dividing real estate during a divorce requires careful planning to help protect financial interests, ensure fairness and comply with legal and tax requirements. Key considerations are:
- Tax implications of real estate division: Transferring property during divorce can trigger capital gains taxes, especially if the property has appreciated since purchase. Using tools such as a qualified domestic relations order (QDRO) or structuring transfers as part of an equitable settlement can help minimize tax liabilities for both parties. Failure to plan for taxes can result in unexpected financial burdens and affect the overall fairness of the property division. Consulting an experienced attorney helps ensure the transfer is handled strategically, taking into account both immediate and long-term tax consequences.
- A fair and accurate appraisal: A professional appraisal establishes the current market value of the property, providing an objective basis for equitable division. Without an accurate appraisal, one party may receive less than their fair share, potentially leading to disputes or financial disadvantage. Appraisals are also critical documents for tax reporting and future reference if the property is sold or refinanced. Working with qualified appraisers helps ensure that all factors like location, condition, market trends and comparable sales are considered to produce a reliable valuation.
However, there are several mistakes that can undermine real estate division in divorce:
- Relying on outdated or informal valuations can result in an unequal split or later disputes.
- Failing to consider future tax liabilities, including capital gains or property tax assessments, can lead to unexpected financial burdens.
- Ignoring mortgage and debt obligations, as responsibility for these liabilities must be carefully allocated to avoid credit issues or legal complications.
Each of these missteps can be avoided with careful planning and guidance. An attorney with experience in divorce and property law can help ensure that all legal, financial and tax-related aspects are addressed.
Attorney Gregg R. Lewis brings experience in handling complex real estate divisions. His knowledge allows you to receive accurate appraisals, navigate tax considerations and avoid common pitfalls. Working with a skilled attorney enables divorcing couples to achieve equitable outcomes and reduce the risk of costly disputes.
Therefore, it is essential to book an appointment as it provides an opportunity to review your specific property, explore options for division, and help ensure your legal and financial interests are fully protected throughout the process.
Schedule A Free Consultation With A Columbus Property Division Lawyer
At Gregg R. Lewis, ESQ., we understand the emotions and finances involved when it comes to real estate and divorce. Contact us at 614-721-6175 or online to schedule a free consultation.