Nancy L. Sponseller

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Dividing Inheritance For Ohio Divorces

On behalf of Law Office of Nancy L. Sponseller posted on Monday, December 8, 2014.

It may be tricky to handle inheritance in a divorce because a family member typically leaves assets to one spouse and does not mention the other spouse. However, the question arises whether these assets are considered joint property to be divided in divorce proceedings or separate property exempt from consideration. Inheritance is usually considered a separate asset and is thus immune. However, if inheritance is used for joint purposes or moved to a joint account, this may not the case.

Jointly owned assets are considered joint property, even if separate assets are used to bolster or add to jointly owned assets. This includes a shared bank account, jointly-held savings or investments, or the primary residence for both parties in the marriage. If an inheritance is placed into any jointly owned vehicle or any account shown to be primarily used for joint assets, then it loses its immunity and must be divided accordingly.