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Mowery Youell & Galeano, LTD. Attorneys at Law
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Ohio farm families face unique property division issues

For couples going through a divorce in Ohio, there are many issues that must be discussed and settled. When those separating spouses also happen to be farmers, the negotiations surrounding property division may seem especially complicated. This can be because of the fact that in many cases, the farm is not only a home but also a business.

When one partner wishes to continue the business after the divorce, property division discussions take on an even greater sense of importance. In some cases, the partner who wishes to keep the farm has an emotional attachment to it because the land may have been in one family for many years. However, the spouse who has worked the farm as a married person may feel that they are entitled to assets as a result of their labor.

The division of property in farm divorce cases includes all assets of the marriage. Not only who the question of who will retain the family home is at issue, but also the value of the farm land, agriculture on it and equipment. In fact, many farm divorces are of high asset value.

Like those who go through a divorce in Ohio's more urban areas, married couples that are farmers must face property division questions. The more complicated farm cases are not unlike divorcing spouses who own a business together. The decisions to be made include if and how the farm will continue to operate and how the assets will be divided. To achieve the answer, a court may look to the ownership status of the land and the family assets in addition to other relevant evidence. It is important for both members of a farm couple going through divorce to make sure they understand their rights when it comes time to divide up marital assets.

Source: Iowa Farmer Today, "Reducing the impact of divorce," Dr. Mike Rosmann, Sept. 28, 2012

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