Ohio Divorce Law...

Ohio Law - What is 'Marital Property?'

In general, all property acquired during the marriage is marital property.

Examples: Marital property generally includes the following:

• A home if purchased with earnings of either or both parties during the marriage.
• A pension plan, to the extent accrued during the marriage.
• A bank or financial account, if built during the marriage with funds earned during the marriage by either party.
• Increases in value of separate property due to the labor, monetary contributions, or other contributions of the parties during the marriage
• A participant account (a deferred compensation plan for certain Ohio public employees), and any income derived from the investment of this money during the marriage.

Section 3105.171(A)(3).

Cases:

Pettry (1991) 81 Ohio App. 3d 30, 610 NE2d 443 (The wife's parents gave $5,000 for a down-payment on the marital home. The wife had no evidence that the gift was intended to be to her only, as opposed to a gift to the couple. As a result, the $5,000 was found to be marital property.)

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