Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?
The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.
A: Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an inheritance. The issue of separate property can be called into question when there is comingling of assets and it is difficult to determine the source of the funds.
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