Hetzner v. Hetzner

Citations

• 2023 Ohio 3951

Syllabus

DIVORCE – DOMESTIC RELATIONS – SEPARATE PROPERTY – R.C. 3105.171: Trial court erred as a matter of law in finding that real estate indisputably acquired by husband prior to the parties' ceremonial marriage date was nevertheless \marital property\ and thus subject to equitable division. Trial court did not select a de facto marriage date preceding purchase date of that property as provided by R.C. 3105.171(A)(2), and it was undisputed that only the husband's name was on the mortgage and deed to that real estate. Because the trial court expressly found that the real estate was acquired by husband prior to the date of the marriage, the trial court should have found it was husband's separate property under R.C. 3105.171(A)(6)(a)(ii). Judgment reversed and cause remanded.