• Divorce laws regarding the award of the family home in OhioLarge New Ohio Home image by Shannon Workman from Fotolia.com
  
  According to divorce statistics on Lawyers.com, couples in Ohio divorce at a rate of 3.7% per 1,000 people every year. Presumably, who gets the house after the divorce is a concern of both parties in the divorce. During divorce proceedings, Ohio courts consider several factors when awarding the marital home. In certain situations, for example, not having adequate funds to pay property-related costs, neither party gets the home.
  
  

Ohio Division of Property Standard

• Ohio courts regard each spouse as having contributed in equal measure to the construction and purchase of marital property, including the marital home. State law requires equal division of marital assets, unless such a division would prove unfair to either spouse. In the event of an inequitable situation, the courts divide the property equitably between the spouses.
  
  

Considerations in the Division of Marital Property

• The courts consider many factors when making a monetary award, dividing the property and the amount of any distributive award. These can include the length of the marriage and each spouse's assets and liabilities. Regarding the family home, the courts assess the desirability of awarding the family home, as well as a spouse's right to reside in the family home for reasonable periods of time. In awarding the home to one of the spouses, the courts also consider its potential sale price, likelihood of selling, as well as the tax consequences of selling or awarding the property. For instance, a court may opt to have the divorcing couple sell a house, and divide the proceeds of the sale between them if it proves more equitable. Courts also review voluntarily-entered separation agreements for any clauses specific to the division or disbursement of martial property. Ohio courts show a preference for awarding the family home to the spouse with custody of the children.
  
  

Potential for Loss of the Family Home

• If neither spouse can pay the mortgage, taxes, insurance and maintenance costs of the family home, the court may not award the home to either party. If it deems neither spouse has enough money to support the mortgage and related house payments, an Ohio court may recommend neither party pay the mortgage while their divorce is pending. In such a case, the court may assume ownership of the house or the banks foreclose on the mortgage loan and neither spouse gets the house.