You Put Your Spouse on the Title. Now What?

Hoffman Law
6 days ago
2 min read

How Premarital Property Becomes Marital in an Ohio Divorce

It seemed harmless at the time.

You owned the house before the marriage.

You added your spouse’s name later—maybe for convenience, refinancing, or “because we’re married anyway.”

Fast-forward to divorce… and now the question is:

Did I just give away my premarital property? In Ohio, the uncomfortable answer is often yes.

Premarital Property Isn’t Bulletproof

Ohio law generally protects property you owned before the marriage. That’s called separate or premarital property, and it usually isn’t divided in a divorce.

But here’s the catch: What you do during the marriage matters.

One decision—putting your spouse on the title—can completely change the analysis.

The Joint Title Trap

When you transfer premarital property into joint names, Ohio courts usually presume you made a gift to the marriage.

That presumption is powerful. Once property is jointly titled:

Courts often treat all of it as marital
The premarital equity is commonly lost
The property becomes subject to division in divorce

Judges regularly say some version of this: “You didn’t have to add your spouse to the title. You chose to.”

Can You Get the Premarital Value Back?

Sometimes—but it’s an uphill battle.

To preserve a premarital claim after joint titling, you must prove by clear and convincing evidence that:

You did not intend to make a gift, and
The premarital portion can be clearly traced

That’s hard to do without:

A written agreement saying it wasn’t a gift
Strong documentation
A very specific reason for retitling (such as refinancing) backed by evidence

Even then, courts are often skeptical.

Real-World Reality

In actual divorce cases:

Adding a spouse to a deed usually converts the property to marital
Mortgage payments during the marriage are marital
Appreciation during the marriage is marital
The original premarital “head start” is often gone

People are shocked by this result—because no one explains it when the deed is signed.

The Takeaway

If you owned property before marriage and later put it into joint names, assume a court will treat it as marital unless you have strong proof otherwise.

If you’re thinking about retitling property—or already did—talk to a divorce attorney before it becomes an expensive surprise.