Ohio is not a community property state. Instead, it follows the principle of separate property. This means that assets acquired during marriage are generally owned by the spouse who acquired them. For example, if one spouse earns a salary, that income and anything purchased with it is considered that spouse’s separate property. Inheritances and gifts received by one spouse during the marriage are also considered separate property.
The separate property system provides clarity regarding ownership and control of assets. Each spouse retains individual rights over their earnings and acquisitions. While this system offers autonomy, it also necessitates careful planning, especially concerning estate matters and potential disputes upon dissolution of marriage. Understanding the difference between community property and separate property is vital for couples residing in Ohio, particularly when making financial decisions or drafting prenuptial agreements.