Toledo Marital Property Attorney

Toledo Marital Property Lawyer, Seneca Weirich Harden provides Professional Division of Marital Property and other Divorce and Family Law Attorney Legal Services for those in Toledo, Sylvania, Oregon, Maumee, Lucas County and throughout Northwest Ohio Area.

Contact Toledo Marital Property Lawyer, Seneca Weirich Harden regarding your Division of Martial Property, Divorce, or other Family Law Attorney needs by calling 419.509.7537.

About Marital Property: Next to child related issues, the equitable division of marital property and assets is the most commonly disputed issue of a divorce. Who gets the home? Will the family home have to be sold and the profits be divided? Who gets the family vehicle? What if both cars are in one parties name? What about the investment portfolio. What if one party intentionally drained the checking account before the divorce? What about property or assets obtained by either party before the marriage?

There are so many questions that may be asked regarding marital property and assets in a divorce it can make anyone's head spin. While each divorce that involves marital property and assets which eventually must be divided before the divorce can be finalized, it is important to note that the statutory standard in the State of Ohio is not "equal division of marital property and assets." The statutory standard is "fair and reasonable distribution of marital property and assets." Well that puts us into a lot of grey area left open to interpretation as to what is fair and reasonable.

According the Ohio Statutes, the issues that court may consider may include, but not limited to:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker;
  • The economic circumstances of the parties;
  • The duration of the marriage;
  • Any interruption of personal careers or educational opportunities of either party;
  • The contribution of one spouse to the personal career or educational opportunity of the other spouse;
  • The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party;
  • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties;
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home;
  • The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

Marital Property Representation: Fair and Reasonable. That is the standard, and therefore, any argument for or against specific marital property and assets must be made in this context. Sometimes when dealing with marital property and assets, it may be in your best interest to loose a battle to with a war. When negotiating marital property and asset issues, it may in your best interest to give in regarding one issue to come out on top regarding an issue that is actually more important to you.

It is also important that you are aware that the division of marital property and assets also may include debt and liabilities. The debt or liabilities may also play a role in the division of marital property and assets. This may be a good thing or a bad thing. How this debt or liabilities are presented and negotiated in mediation or argued in from of the judge may directly affect the outcome. Having legal counsel in your corner that can present a strong a voice of reason in marital property and asset disputes may be extremely beneficial to your legal needs and goals.

If you require professional legal services regarding division of marital property, divorce or other family law legal issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Toledo marital property attorney - lawyer. Contact the Law Offices of Seneca Weirich Harden, LLC by calling 419.509.7537.

Law Offices of
Seneca Weirich Harden, LLC

4303 Talmadge Rd.,
Suite 201,
Toledo, Ohio 43623

Phone: 419.509.7537
Fax: 419.473.1929

Areas of Practice

Office Hours

Monday - Friday:
9:00AM - 5:00PM

By Appointment Only

Office Closed