Cathy R. Cook, Attorneys at Law

In today’s real estate market, deciding what to do with the house requires taking off the emotional blinders.
Ohio is an equitable distribution state—assets are divided "fairly," not always a clean 50/50. When it comes to the house, you generally have three options, and today's market adds serious wrinkles to each:
• The Buyout: You keep the house and buy out your spouse's equity. The Catch: You usually have to refinance. Trading a 3% pandemic-era interest rate for today's market rates on a single income can turn your dream home into a financial trap.
• The Clean Break: You sell, split the equity, and move on. The Catch: It’s the cleanest financial break, but you both have to re-enter a competitive housing market as buyers or renters.
• The Deferred Sale: You co-own and sell down the road (often when the kids graduate). The Catch: Your finances stay legally tied to your ex for years. If they miss a payment, your credit score tanks too.
The Bottom Line: Don't negotiate away your retirement accounts or take on massive debt just to "win" the house, only to realize six months later that you can't afford the upkeep.
Protect your financial future. Before you sign anything, build your team: a family law attorney, a local real estate agent, and a mortgage professional.
Thinking about your next steps? Contact us at 513-241-4029

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Navigating custody in Ohio? 🗺️ Here’s how the court typically breaks down parenting time. (Save this for later!) 📌
In Ohio, there is no one-size-fits-all, but most county standard orders follow a strict hierarchy. When schedules collide, here is what takes priority:

🥈 Holidays
Holidays take priority over the regular weekend/weekday schedule.
• Major holidays (Thanksgiving, Christmas, 4th of July, etc.) usually alternate on an even/odd year schedule.
• Example: Mom might get Thanksgiving in even years, Dad in odd years.
🥉 Extended Time / Summer Break
Vacation time supersedes the regular weekly schedule.
• Summer break is typically divided equally, or the non-residential parent gets a set block of time (like 2 to 6 weeks, depending on the county).
• Each parent usually gets 1 to 2 weeks of uninterrupted vacation time to travel with the kids.
📅 The Regular Schedule
• This is your baseline (e.g., alternating weekends and one weekday evening). It only applies when a Holiday, Vacation, or Special Day isn't happening.
• 🥇 Days of Special Meaning
• This is optional, but you can include a provision in your parenting plan that provides each parent with Days of Special Meaning. This includes extended family birthday celebrations, weddings, anniversaries, births, deaths, and family reunions. The parties would agree to the parameters of this special time. For example, if one parent has family out of town, they may want 72 hours, as opposed to parents who stay local and can work with 24 hours of special time.

Custody schedules can feel like a complex puzzle. If you need help negotiating a parenting plan that works for your family’s unique reality, let’s talk.
📲 513-241-4029

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Who Gets What? The Truth About Marital vs. Separate Property.
In our last post, we noted how Ohio doesn’t just split everything down the middle. But, before a single asset is divided, we have to answer one critical question: Is it Marital or Separate?
If it’s Separate, it stays with you. If it’s Marital, it’s on the table. Here is the breakdown:
🏠 Marital Property (The "Shared Pot")
Generally, if it was earned or bought during the marriage, it belongs to the marriage. This includes:
Income: Everything earned by either spouse from the wedding day to trial.
Real Estate: The family home or investment properties acquired during the marriage.
Retirement: 401(k)s, IRAs, and pensions accumulated over the years.
The "Stuff": Vehicles, furniture, and even the dog.
The Debt: Credit cards and loans are also divided.
🛡️ Separate Property (The "Safe Zone")
These assets usually remain with the original owner—if they haven't been "commingled”.
Pre-Marital Assets: What you walked into the marriage with.
Inheritances: Funds or property left specifically to you.
Gifts: Items given to only one spouse (not wedding gifts).
Personal Injury Awards: Compensation specifically for your pain and suffering.
Caution: The court can give some of this to the other spouse as a “distributive award”. More on that next time.
⚠️ The Danger Zone: Commingling
Be careful. Separate property can become marital property if it is mixed with shared assets and can no longer be "traced." This is where many people lose what should have been theirs.
The Bottom Line: Don’t leave your hard-earned assets to chance. You need an assertive strategy to protect what is yours.

If you’re considering divorce or have questions about your rights, getting informed early is one of the smartest steps you can take. Contact Cathy R. Cook Attorneys at Law to help guide you and help you rebuild your life at 513-241-4029.

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