Palmieri v. Palmieri

Citations

• 2024 Ohio 2720

Syllabus

In this divorce action, the trial court erred in failing to equally and/or equitably divide the parties' marital debt as it relates to the division of assets and liabilities of the parties and failed to allocate the Chase credit card debt. The trial court further erred in failing to make adequate findings and conclusion or indicate any consideration of the factors contained in R. C. § 3105.171(F) as it relates to the allocation of marital debt. In addition, the trial court erred in allocating all personal property located in pods and storage units to Sharon contrary to the parties' in-court stipulation, and further erred in finding that the parties waived valuation of all personal property that the parties waived their rights to written findings of fact and that the parties agreed that the distribution of personal property, while if not precisely equal, is in fact equitable and in accord with their agreed stipulation in contravention of the parties' joint waiver related to the personal property in Wife's possession and control. Further, the trial court erred in finding that all retirement accounts had accumulated during the marriage. The evidence showed that the Lucent Technologies pension contained both marital and separate property, and thus should be divided utilizing a coverture fraction. Finally, the trial court did not err in failing to establish a de facto termination date of marriage of September 30, 2020 for purposes of property division. Cross-appellant's fifth assignment of error is overruled his first, second, third, fourth and sixth assignments of error are sustained the judgment is affirmed in part and reversed in part and remanded to the Franklin County Court of Common Pleas, Division of Domestic Relations, for further proceedings consistent with the decision.