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Are you claiming that your home was a gift in a Columbus divorce case?

In Ohio, when determining whether property acquired during marriage is considered separate or marital property, courts often consider factors such as:

  1. The intention of the donor: If the parents clearly intended the house to be a gift to only one spouse, this could weigh in favor of it being considered separate property.

  2. How the property is titled: If the property is titled solely in one spouse's name, this could indicate that it's intended to be separate property. However, jointly titling the property or titling it in both spouses' names could suggest that it's intended to be marital property.

  3. Any agreements or arrangements made at the time of the gift: If there were any agreements or discussions between the spouses or between the spouses and the parents regarding the ownership and treatment of the property, these could be considered by the court.

  4. The source of funds used to purchase the property: If marital funds were used to pay for the property, this could weigh in favor of it being considered marital property.

It's important to note that each case is unique, and courts consider a variety of factors when making determinations about property division in divorce proceedings. Therefore, it's crucial to consult with a qualified attorney who can provide personalized legal advice based on the specific details of your situation and any relevant case law. They can offer guidance on how Ohio courts have handled similar cases in the past and how the law may apply to your circumstances.


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