Columbus Property Division Lawyer
In need of a property division lawyer in Columbus, OH? It’s not always easy to divide property, there are important details that need to be worked out. A Columbus property division lawyer at Atkins And Atkins, Attorneys At Law, LLC can help ensure your interests are represented at all times. Contact us at (614) 485-8248 for a free consultation.
We’re a top-rated family law firm serving clients in Columbus and throughout Ohio. Our Columbus property division lawyers have decades of combined legal experience. We’ve successfully helped countless families address the issues that matter most to them. If you hire us, we will make your case our priority from the start.
How Atkins And Atkins, Attorneys At Law, LLC Can Help With Your Property Division Matter in Columbus, Ohio
Depending on how your divorce case plays out, it’s possible that a family court will need to step in and approve or even decide the resolution. This process can include issues like child custody, child support, alimony, property division, and more. Having a trusted attorney on your side can make all the difference, especially if your spouse has a lawyer in their corner.
Atkins And Atkins, Attorneys At Law, LLC is qualified to help you every step of the way. Our award-winning Columbus divorce attorneys have a thorough understanding of local procedures, laws, and courts — and we’ll utilize our resources and knowledge to benefit you.
If you hire our family law attorneys, we can:
- Thoroughly research all of your assets and debts
- Help you with valuation, liquidation, sales, negotiations, and more
- Ensure you understand your rights and options at each stage
- Hire experts, such as financial specialists, to help with your case
- Handle all communications and paperwork
- Represent you at any and all court hearings as necessary
Contact us in Columbus, Ohio, to schedule a case review. Our goal is to help you achieve your desired outcome.
An Overview of Property Division Law in Ohio
Ohio is considered an equitable distribution state regarding property division, which is the stance that most states take. However, the term “equitable” does not necessarily mean “equal.” Instead, it means a division that is fair under the circumstances. This standard is set forth by state statute.
What Property Can Be Divided?
In a Columbus divorce, there are two broad categories of property: separate and marital.
- Separate Property: These are assets that only one spouse owned prior to the marriage. Gifts, inheritances, and certain personal injury awards received during the marriage may also be considered separate property.
- Marital Property: These are assets and debts acquired during the marriage by either spouse.
Examples of marital property include, but are not limited to:
- The family home
- Vehicles
- Household items and furnishings
- Businesses and business interests
- Income and wages
- Retirement accounts and pensions
- Investment accounts
- Bank accounts
- Art and collectibles
- Jewelry
Because marital property is the only kind that is usually subject to division, it’s critical to accurately assess the debts and assets in question for each particular case.
Can Separate Property Become Marital Property?
Yes, under certain circumstances, separate property can become marital property. This is another reason why it’s so important to have an attorney represent your interests throughout this process. Otherwise, you risk having property allocated improperly, which could harm your future finances.
Under Ohio law, separate property can become marital property if assets are commingled or transmuted. For example:
- Commingling Funds: If one spouse deposits separate funds into a joint bank account used by both spouses, those funds may lose their separate status.
- Transmutation: If separate property is treated in a way that indicates an intent to make it marital property – such as titling a separately owned house in both spouses’ names – it could be deemed marital property.
Another example is if separate property (like an inheritance) is used to purchase assets for the marriage, such as a jointly titled home or other significant marital assets.
Factors Courts Consider When Dividing Property in a Columbus Divorce
It’s important to note that you don’t necessarily have to take your divorce case to court. You can try to resolve things amicably with your spouse. There are various ADR methods you might choose to utilize, such as mediation, which can be less costly and time-consuming.
Ultimately, however, a court will need to step in and decide if you can’t reach an agreement through other means.
When a family court in Columbus steps in to address property division issues, the judge will consider the following factors:
- The length of the marriage
- Each spouse’s income and earning capacity
- The assets and liabilities of each spouse
- The desirability of awarding the family home to the spouse with custody of the children
- Each spouse’s age, health, and emotional condition
- The liquidity of the property to be distributed
- Tax consequences of the property division
- Costs of sale, if it is necessary to sell assets
- Any retirement benefits or pensions
- Contributions of each spouse to the acquisition, preservation, or appreciation of marital property, including homemaking contributions
- Any other factor that the court finds to be relevant and equitable
Courts might also consider whether either spouse has engaged in financial misconduct, such as hiding assets or dissipating marital property through excessive spending or gambling.
Dividing Debts and Assets Equitably Can Be Complex
Even though every property division case in Columbus is unique, there are general stages that most will go through:
- Identifying all the property and debts to be divided
- Determining what is marital vs. separate property
- Evaluating the fair market value of the property
- Deciding which property each spouse wants to keep
- Negotiating a fair distribution of assets and debts
- Finalizing the property division agreement or presenting the case to the court
These stages can be very complex to address appropriately. Often, in divorce cases, it’s not difficult to determine how most property should be divided, but one or two significant assets may be in dispute — such as the family home, a business, or retirement accounts. These assets could represent a substantial portion of the marital estate.
In other cases, spouses might disagree on how property should be divided overall, making it more evident that this issue needs attention. Emotions can run high during a divorce, and property division can become a contentious issue.
Having an experienced Columbus family law attorney can help you navigate these challenges. Your attorney can:
- Provide objective advice and keep negotiations on track
- Ensure all assets and debts are properly disclosed and valued
- Protect your interests and advocate for a fair division
- Help you understand the long-term implications of property division decisions
Our attorneys have established relationships with many kinds of experts who can help your interests, such as:
- Forensic Accountants: To uncover hidden assets or evaluate complex financial situations
- Tax Professionals: To assess the tax implications of different property division scenarios
- Real Estate Appraisers: To determine the value of real property
- Business Valuation Experts: To accurately value any business interests
- Retirement Plan Specialists: To handle the division of pensions, 401(k)s, and other retirement accounts
Assistance from these professionals allows us to build a strong case on your behalf and work towards a fair and equitable division of assets.
Schedule a Consultation With an Experienced Columbus Property Division Attorney
Do you need help dividing property as part of your divorce in Columbus, Ohio? Even though, per state law, property is to be divided fairly, that isn’t always what actually happens. If you don’t hire an experienced Columbus property division lawyer to represent you, you might end up with an outcome that doesn’t align with what the law says should happen.
Atkins And Atkins, Attorneys At Law, LLC is a leading family law firm in Ohio with the skills and experience to help you effectively. We care about our clients on a personal level and ensure that every case receives the focus and dedication it deserves.
While we support less contentious resolution methods when appropriate, we understand that those solutions aren’t for everyone. We will ensure we understand your goals as clearly as possible so that we can help you achieve them.
Call us or message us online today to set up an initial consultation. During your meeting, we can answer all of your questions and advise you on your next steps.
Columbus Property Division Attorney
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COURTHOUSE AND FAMILY COUNSELORS IN COLUMBUS, OH
- Clerk of Courts – Domestic Relations Division – 373 S High St floor 4, Columbus, OH 43215
- Franklin County Court – 373 S High St # 13, Columbus, OH 43215
- Franklin County Municipal Court Clerk – 375 S High St, Columbus, OH 43215
- Domestic Relations Court Dir – 373 S High St # 6, Columbus, OH 43215
