Ohio Divorce Law...

Ohio Law - What is "Separate Property?"

Separate property is any of the following:

• Property a party owned before marriage, and passive income or appreciation on that.
• Property a party acquired during the marriage by gift or inheritance.
• Any property or interest on property acquired by one spouse after decree of legal separation.
• Any property or interest that is excluded by a valid prenuptial agreement.
• Compensation for personal injury, except where award compensates for wages or other marital property lost.
• Any gift given during the marriage that may be proven to have been intended for one spouse only.

As long as separate property is traceable it can remain 'separate' even if combined with any other category of property. The most common example is a pre-marital bank account, or an inheritance, that is deposited in a joint bank account or used for a down-payment on a home.

Generally, the holding of title to property by one spouse individually or by both spouses in co-ownership does not determine whether the property is marital or separate.

Section 3105.171(A)(6)

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