When a couple divorces in Ohio, understanding how inheritance is treated can be complicated. Though inheritance generally qualifies as separate property, various factors influence its treatment. Ohio law specifies rules for separating inheritance from marital assets and outlines what happens when the two get mixed. Here’s a closer look at how Ohio addresses inheritance in divorce.
Inheritance is typically separate property in Ohio
Ohio law classifies inheritance as separate property under Ohio Revised Code § 3105.171. This statute establishes that assets acquired before or during the marriage via inheritance generally remain separate. For instance, if one spouse inherits money and keeps it in a personal account, the inheritance stays separate and won’t be divided in a divorce.
Commingling inheritance with marital assets
Problems arise when inherited funds mix with marital property. For example, if one spouse deposits inherited money into a joint account or uses it to purchase joint property, Ohio courts might treat the inheritance as marital property. In this case, the inheritance could be subject to division during the divorce.
How Ohio courts handle inheritance in divorce
Ohio courts use an equitable distribution approach when dividing property in a divorce. While inheritance remains separate property in most cases, the court may consider factors such as the length of the marriage and whether one spouse used the inheritance for marital purposes. If the inheritance stays separate and is not commingled with marital assets, the court will likely award it to the spouse who inherited it.
Inheritance in Ohio typically remains separate, but commingling can change that status. Keeping inherited assets separate from marital property is key to preserving their separate property status in the event of a divorce.
