Property Division

Divorce changes your life in many ways, but few aspects create as much stress as dividing up a lifetime of accumulated property. Who keeps the house? What happens to the retirement accounts? How do we split the family business?

At Gertz & Rosen, we understand that property division is about more than just numbers on a spreadsheet. It is about your security and your future. Our attorneys have over 45 years of experience handling complex asset division cases in Ohio. We work directly with you to protect what is rightfully yours so you can build a strong foundation for your next chapter.

What Property Must Be Divided in Divorce?

Ohio law distinguishes between two main types of property during a divorce: marital property and separate property. Understanding the difference is the first step in the process.

Marital property generally includes almost all assets and debts acquired by either spouse during the marriage. It usually does not matter whose name is on the title or who paid for it. If it was obtained while you were married, the court is likely to consider it joint property.

Separate property refers to assets that belong to one spouse. This typically includes:

• Assets owned before the marriage
• Inheritances left specifically to one spouse
• Gifts given solely to one spouse
• Passive income or appreciation from separate property

The distinction is critical because the court only divides marital property. Separate property remains with the original owner. However, commingling assets, such as depositing an inheritance into a joint bank account, can turn separate property into marital property. At Gertz & Rosen, we help you trace these assets to establish what should be excluded from division.

How Is Property Divided in Ohio?

Ohio is an “equitable distribution” state. This means the court aims to divide marital property fairly, though not always equally. While a 50/50 split is a common starting point, a judge may decide a different arrangement is fairer based on the specific details of your marriage.

Most couples can settle property matters through negotiation or mediation. This gives you and your spouse more control over the outcome. If an agreement cannot be reached, though, the court will make the final decision based on several factors:

• The duration of the marriage
• The assets and liabilities of each spouse
• The liquidity of the property to be distributed
• The economic desirability of retaining the family home with the custodial parent
• Tax consequences of the property division
• Any costs of sale, if an asset must be sold

Our domestic relations attorneys at Gertz & Rosen are highly skilled in both negotiation and litigation, so no matter how your case progresses, we are here to provide the guidance and representation you need.

Strategies to Get a Fair Division of Property

Securing a fair division of property during a divorce requires thorough preparation and a clear strategy. Our domestic relations attorneys at Gertz & Rosen guide clients through every step, helping them take proactive measures to protect their financial interests.

A critical first step is understanding the true value of your marital estate. You can’t fairly divide what you don’t fully understand. That’s why we work closely with forensic accountants, real estate appraisers, and business valuation experts to assess the value of all assets, including complex ones such as stock options or business interests.

Beyond valuation, protecting your financial future involves several important steps:  

• Gathering Documentation: We help you compile essential records, including tax returns, bank statements, deed records, and retirement account summaries.  
• Identifying Hidden Assets: If you suspect your spouse is concealing money or property, we have the tools to uncover hidden assets and ensure transparency.  
• Understanding Tax Implications: Dividing assets is about more than splitting numbers. For example, dividing a Roth IRA differs significantly from dividing a traditional 401(k). We guide you through these distinctions to avoid unexpected tax burdens.  

With our preparation and guidance, you can approach property division with confidence and clarity.

Why Let Gertz & Rosen Help You With Property Division?

In addition to our support, we offer something many other divorce law firms do not: a full team of attorneys with backgrounds in real estate and business law. This combination of knowledge allows us to approach complex asset structures with precision, providing a distinct advantage when handling intricate property division cases. By drawing on our in-depth knowledge of these areas, we can identify solutions and strategies that others might overlook.

Protect What You’ve Worked So Hard For

The decisions you make while dividing marital property will impact your financial well-being for years to come. At Gertz & Rosen, we are ready to help you reach a fair and sustainable resolution. Contact us today to discuss your case with our experienced domestic relations attorneys.