Owens v. Owens

Citations

• 2022 Ohio 3450

Syllabus

DIVORCE – R.C. 3105.171 – PROPERTY DIVISION – R.C. 3109.04 – CHILDREN – CUSTODY – PARENTAL RIGHTS AND RESPONSIBILITIES – R.C. 3109.141 – PARENTING TIME – R.C. 3109.05 – CHILD SUPPORT – R.C. 3105.73 – ATTORNEY FEES: The trial court did not err in awarding any premarital equity in the martial home to both parties where the record showed that the parties were living together at the time of purchase, joint funds were used to purchase the home, the parties renovated the home together, and the subsequent premarital mortgage payments were withdrawn from the parties' joint checking account where both parties deposited their paychecks. Where two separate valuations are submitted for the marital home, both of which occurred beyond the date that the trial court determined to be the last date of the marriage, the trial court abused its discretion by utilizing the second valuation when the first valuation was completed much closer in time to the marriage-termination date and accordingly was much more representative of the value of the home at the time of termination. The trial court erred in determining that husband failed to submit sufficient tracing evidence to show that his premarital stock shares remained his separate property, despite being commingled with martial shares, where the evidence in the record showed that, except for one sale which occurred only from husband's premarital shares, only additions were made to the share account during the duration of the marriage. The trial court did not abuse its discretion in awarding wife sole residential and legal custody of the parties' children where the trial court properly considered the required best-interest factors and the trial court's findings were supported by the record. The trial court did not abuse its discretion when ordering parenting time for husband where the record shows that the trial court properly considered the health and safety of the children, and the order provided husband with frequent and continuing con