What constitutes gifted separate property in a divorce?

Question Details:

My grandpa and his kids built a house on property that has been in our family since 1920's. When my grandpa died my grandma said to my uncle and his wife if you take care of me I will give you the house mortgage free. His wife signed off because she didn't want to take care of her. Its in writing. She convinced him to take out loans against the house to pay for her college, etc. Now they are getting divorced and she wants the house. His lawyer seems OK with that because he is friends with her lawyer. After researching I think the house is considered gifted or separate property.

Asked 11/19/2009 under Real Estate | 287 View(s) | More Legal Topics

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Real Estate Law Answers

Since I do not know all the facts of the case, or what documentation is available as evidence, I really cannot answer your question. But I can discuss the general law regarding property distribution in an Ohio divorce.

Under Ohio law, any assets and debts acquired during your marriage is considered "marital property." This marital property will be divided "equitably" when you divorce. Usually, the marital property is equally divided between the spouses. But if equal division is unfair or inequitable, the court will divide it in a way it consideres to be equitable. The following property is usually not considered marital property but may be considered separate property:

  • any assets you had before you married;
  • any interest and appreciation you acquired from separate property;
  • property that you inherited.


When determining how to divide the property between the spouses, the court considers some of these issues:

  • The length of the marriage;
  • The assets and liabilities of each spouse;
  • The need of a custodial parent to occupy or own the family home.

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