In Ohio, assets acquired prior to marriage are generally considered separate property and remain under the sole ownership of the individual who acquired them. This includes real estate, vehicles, bank accounts, investments, and other tangible or intangible assets. For example, if one spouse owned a house before the marriage, it typically remains their separate property throughout the marriage, even if the other spouse contributes to mortgage payments or home improvements during the marriage. However, the character of separate property can be altered if it is commingled with marital assets or if a spouse intentionally transfers ownership to joint ownership.
Understanding the distinction between separate and marital property is crucial for estate planning, asset protection, and potential divorce proceedings. Protecting premarital assets helps individuals maintain control over property they acquired through their own efforts before the marriage. Historically, this legal principle reflects the understanding that individuals enter marriage with pre-existing economic lives and interests that should be respected. Clear documentation, such as prenuptial agreements, can further solidify the separate nature of premarital assets and provide added clarity and protection.
