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Divorce Property Division: Marital v. Gift

Think That Was Gift?  – In Divorce, Not Unless it’s in Writingdivorce court

Prior to divorce couples often give each other gifts for various occasions and celebrations, or for no reason at all, but what happens to all those gifts when the couple splits-up is not so understood.  In Ohio, as a general rule, any property a couple acquires, during the course of the marriage, whether jointly or individually, becomes marital property.  The only exceptions include inherited property and property designated as individual property or as a gift in writing.

For example, if your husband or wife gives you a boat for your anniversary, you cannot say it is your boat, when you divorce.  This also means that your spouse cannot claim that the boat is theirs just because they purchased the property. In a court proceeding, absent a writing, the judge will not rely only on a claiming party’s word alone.

If you are concerned about the division of property in your break-up, contact the Ohio Divorce Attorney, Jamie L. Anderson, at (937)879-9542, to schedule a free consultation.

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