Property Distribution

How will the property of the marriage be distributed?

The division of marital property is one of the major issues of any divorce. To begin this process, the most important question that must be answered in divorces is what constitutes marital property, and what constitutes non-marital or separate property.

Non-marital or separate property is usually the property that a spouse brings into the marriage. Also, property acquired by gift or inheritance during the time of the marriage is also considered to be non-marital property or separate property.

Any and all property acquired during the marriage with marital funds or through marital effort will be deemed to be marital, no matter how such property is titled. Property owned by one spouse prior to the marriage, which increased in value over the course of the marriage, may be considered a mixed asset. A frequently and intensely disputed property issue in divorces is whether an asset appreciated during the marriage due to passive forces, or through marital effort.

Under Ohio and Kentucky law, the marital property shall be divided in a fair and equitable fashion. This does not necessarily mean an equal division of property. If there has been financial misconduct by one party, the court may deviate from an equal division of property.

An issue in the division of property is the value of the property in question. Whether it is valuing a business entity, real estate or unique items, expert witnesses may be required to help the court determine value. Our lawyers have vast experience in negotiating and litigating these complex types of issues.

Greater Cincinnati and Northern Kentucky have many types of lawyers. When you conduct a lawyer search, find a divorce lawyer with the experience and skills you need and deserve for the distribution of your property.

You need a great lawyer to provide you the legal advice so you can make the best decisions for your property.

We are great lawyers.
We’ve been trying marital property cases since 1999.
We Listen – We Care – We Advise – We Fight For You – We Get You Through It.
We can help you.

You worked hard for the property you acquired. Do not end up with less than you deserve. Please call or email our law firm to schedule your free, initial and confidential consultation about your marital property case.

• Greater Cincinnati 513.591.2000 Northern Kentucky 859.291.1000
• rick@foxscottlaw.com
• FOXSCOTTLAW
• 517 Madison Ave.
• Covington, KY 41011