Divorce may signal the end of a marriage, but it also leaves behind the property that both spouses shared—including real estate. These assets must be carefully divided in a way that best reflects the state’s property division laws. A real estate attorney can help both parties navigate this process in a way that is fair and in accordance with the law. If you’re preparing for a divorce, use the following guide to familiarize yourself with Ohio’s real estate laws and how an attorney can assist with your case.

An Ohioan’s Guide to Real Estate & Divorce

What Happens to Real Estate in a Divorce?

Divorces in Ohio follow equitable distribution laws to make property division decisions. The outcome of this process can vary depending on specific factors and is ultimately determined based on what’s fair for each spouse. For example, a family home may be given to the spouse that is awarded primary custody of the children. In other cases, the home is awarded to the person that originally paid for the property.

If each spouse contributed to the home—such as by making shared mortgage payments—the court will assign each party a fair percentage of ownership. In these situations, the property is sold, and the proceeds are divided between the couple according to that assigned percentage.

If one of the spouses made more contributions to the property during the marriage, they could be awarded 60% of the real estate, receiving 60% of the final sale proceeds. The spouse that made fewer contributions would receive 40%. It’s also possible for one person to buy out their ex-spouse and pay a fair cash value for full ownership.

How Can a Real Estate Attorney Help?

An attorney who is well-versed in real estate law can help mediate a fair division between spouses. In these situations, both parties form a legal agreement outside of court that determines how many pieces of real estate will be split up.

If you’ve been awarded a percentage of the property, your attorney can help you decide if it's better to sell your portion to your ex or buy them out to assume rightful ownership of the home. In these situations, a lawyer will prepare a strong argument for how much you should pay or receive.

Riley, Resar & Associates, P.L.L., is staffed by attorneys who practice both divorce and real estate law. They serve clients throughout Lorain, OH, and are a trusted resource for those facing equitable distribution concerns. This team will review your divorce in-depth to determine a fair outcome and negotiate on your behalf. If the matter is taken to court, they will prepare a strong argument and represent your case before a judge. Visit this law firm online to learn more about property division, and call (440) 244-5214 to schedule a consultation.