8
v. Berish, supra, and Wolfe v. Wolfe, supra, for the proposition
that marital property under Ohio law is jointly owned by both
spouses is misplaced. Berish and Wolfe establish a presumption
that property purchased during a marriage is marital property;
they are silent on the question of ownership or coownership of
that property. Indeed, the fact that an asset is marital
property does not establish that both spouses own the property.
See Ohio Rev. Code Ann. sec. 3105.171(A).
Respondent points out that the divorce decree stated that
the Arden Road house “shall remain in the names of” petitioner
and Mrs. Suhr. Respondent contends that this shows that
petitioner had an ownership interest in the house. We disagree.
The Court of Common Pleas awarded petitioner one-half of the
proceeds from the sale of the Arden Road house but did not
transfer title or grant him an ownership interest in it. That
2(...continued)
of the Revised Code;
(v) Any real or personal property or
interest in real or personal property that is
excluded by a valid antenuptial agreement;
* * * * * * *
(vii) Any gift of any real or personal
property or of an interest in real or
personal property that is made after the date
of the marriage and that is proven by clear
and convincing evidence to have been given to
only one spouse.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011