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In Ohio is inheritance dividable in a legal separation or a

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divorce?...
In Ohio is inheritance dividable in a legal separation or a divorce?
Submitted: 4 years ago.Category: Family Law
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5/19/2013
Family Lawyer: FamilyAnswer, Lawyer replied 4 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,447
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and concern. Most of the time, the inheritance would not be divisible in a legal separation or divorce since an inheritance is considered separate property under Ohio code 3105.171, which I have provided a link below, so you can see. Of course, if the inheritance was received, then commingled with other funds that would be considered marital assets or used to buy things, it may be more difficult to identify the roots of the money and trace it back.

http://codes.ohio.gov/orc/3105.171

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Customer reply replied 4 years ago
My husband wants a legal seperation and is willingly offering me 1/2 of his inheritance. Will a legal document stating that stand up in the courts?
Family Lawyer: FamilyAnswer, Lawyer replied 4 years ago
A complaint requesting a legal separation must be filed in the domestic relations division of the local common pleas court, or if there is no domestic relations division, in the general division of the common pleas court. The parties may enter into a separation agreement that addresses issues such as spousal support, child custody and visitation, child support, property division, and/or payment of marital debts.If there is no separation agreement, the court, after hearing testimony and taking evidence, will determine child custody and visitation and, as appropriate, order spousal support, child support, and division of the marital property and debts. It would be within these documents, that this agreement is reduced to writing so it can be enforced, so he will need to comply.
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Family Lawyer: FamilyAnswer, Lawyer replied 4 years ago
Hi Debbie. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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