Akron, OH asked in Real Estate Law for Ohio

Q: In OH, can you keep property obtained in marriage fully separate, to do as you want with it without involvemen of spouse

In OH, can you keep property obtained in marriage fully separate (during the marriage, not just in case of divorce), sell and do as you want with it without involvement of spouse (nothing shady, just both agreeing to full independence, one in other country caring for family both needing to act alone in management of own assets).

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Canton, OH
  • Licensed in Ohio

A: In Ohio you can now enter into postnuptial agreements to treat property separately. There are conditions, however. The full values of all property by both spouses must be fully disclosed and the spouse must both have the benefit of independent counsel. There still is the issue of dower as well that the non owning spouse must waive in the event of a sale or the death of the spouse that owns the property

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