Property Division, New Albany, Ohio

Don’t risk losing what is rightfully yours.

Schedule a Consultation Today!

Need Help Splitting Assets In a Divorce?

Our trusted New Albany Asset Division Lawyers Are Here To Help.

When it comes to divorce, dividing property and assets can quickly become a battleground. If you and your spouse can’t agree, the court will make the decision for you.

Everything from real estate and vehicles to cash and even debt are divided up in a divorce. That’s where our attorneys step in to aggressively protect your interests and make sure you get what you deserve.

When It Comes To Splitting Assets, You Deserve The Best.

You need someone who knows how to protect your assets and fight for what’s rightfully yours.

About the Lawyers

Protecting Your Wealth.

If you’re looking to protect your property, personal assets, business earnings, or even future earnings, the Cooke Demers team will get you what you deserve.

David J. Demers

brings decades of legal experience and a proven track record in complex financial litigation, making him well-equipped to protect your assets during property division so that nothing slips through the cracks.

John P. Johnson

board-certified in Family Relations Law by the Ohio State Bar Association, uses his deep expertise in family law to secure a fair and enforceable division of property, protecting your financial future during and after divorce.

Adam J. Bennett's

has extensive experience in estate planning, business formation, and complex legal agreements, uniquely qualifying him to navigate the division of assets, safeguarding your financial interests and long-term goals.

Andrew P. Cooke's

has served as Special Counsel to the Ohio Attorney General and a state hearing examiner, giving him unmatched insight into property division law, ensuring your financial protection is front and center.

“Attorney John Johnson has done a great job on my dissolution case, being very proactive in moving it forward. If you need an attorney that works for you, he is definitely the right choice!”

– Jeremiah Franz, Client

What is equitable distribution?

Ohio follows an “equitable distribution” (§ 3105.171) model for dividing assets, wherein the court determines what is fair for both parties. This doesn’t always equate to a 50/50 split. Instead, property division considers each spouse’s contributions to the marriage, income levels, and post-separation needs. Factors such as economic misconduct and child custody arrangements will also influence the court’s decisions.

Property is categorized as follows:

Marital Property: This includes assets acquired during the marriage, such as retirement benefits and real estate.
Separate Property: This consists of assets obtained by one spouse individually, including inheritances, gifts, and property acquired before the marriage.

When dividing assets, the court focuses solely on marital property. Disputes may arise if separate assets were commingled during the marriage.

How is property divided in Ohio?

While equitable division aims to be fair and flexible, it can sometimes be challenging to predict the outcome due to the subjective nature of some factors considered by the court.
The courts take various factors into account when dividing marital property. According to Ohio Revised Code 3105.171 (F) the following factors are considered to determine if the property division is equitable:

Duration of the marriage
Assets and liabilities of the spouses
Desirability of awarding the family home to the spouse with custody of the children
Liquidity of the property being divided
Economic desirability of keeping an asset intact
Tax consequences of dividing the property
Costs associated with selling an asset
Any division established in a voluntary separation agreement
Retirement benefits, excluding social security benefits
Any other factors the court deems relevant and equitable

Do courts consider fault when dividing property?

In Ohio, where fault-based divorce is permitted, the court may take fault into account during property division if you choose this route. Depending on the grounds for divorce, the court may allocate a smaller percentage of certain assets to the spouse found at fault for wrongdoing.

When You’re Splitting Assets, We’ll Protect Your Property.

Your assets don’t need to go up in flames—let Cooke Demers Attorneys at Law, LLC help shield you.

What to Expect When Meeting with a Division of Property Lawyer

You will start by discussing your goals.

Start the meeting by outlining your objectives for property division, including any specific assets or debts you wish to address.

Be prepared to review financial documents.

Bring relevant financial records such as bank statements, tax returns, and details of property ownership.

You’ll identify marital and separate property.

Your lawyer will help you categorize assets and debts into marital and separate property, and discuss how these classifications can impact division.

You’ll get an outline of the whole process.

We will explain the legal framework for property division in your state, including equitable distribution guidelines and how they may apply to your situation.

Discuss desired outcomes.

We will discuss the possible outcomes based on your specific circumstances and any relevant factors that may influence the court’s decision.

We’ll create a plan.

Together, we’ll develop a strategy for negotiations or litigation, outlining the next steps and timelines to achieve the best resolution.