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A Better Approach to Family Law

Property Division Lawyers in Cincinnati

Is It Marital, Separate or Mixed Property?

Property division is one of the most contentious aspects of many divorces. The family law attorneys of Brinkman & Associates in Cincinnati, Ohio, work to protect clients' interests while working toward a fair division of the assets and debts of the marriage.

Is this asset marital property, separate property or a mix of the two? This question needs to be answered for every asset you own.

What Is Marital Property?

Marital property is property that was earned or acquired during the marriage. Separate property is that which was earned or acquired before the marriage. Gifts and inheritances can also be considered separate property. Depending on how separate property is handled, it can become marital property or a mix of the two.

The court will assume all assets are marital property, unless we prove otherwise. When necessary, we will work with forensic accountants to establish the source of the assets.

Who Gets the House?

For many couples, their home is their largest single asset. You will need to determine whether to sell it and divide the proceeds or to refinance and buy out the other person's share. You may choose to "give" your spouse your portion of the house in exchange for other assets or in lieu of spousal support (alimony). Our attorneys will look for creative solutions to managing the division of all real estate holdings.

Household goods, vehicles and funds on deposit, like bank accounts, are divided not by whose name is on the title or who bought them, but as marital property, separate property or mixed.

What About Investments?

Stocks and bonds, 401(k) plans, other retirement accounts and pensions can be more challenging to divide. We may hire an actuary to determine the present value of these assets, their value when they were acquired, and the value they gained during the marriage, or we may use Qualified Domestic Relations Orders to effectuate an appropriate division at the time of retirement

We also deal with assets such as life insurance and tax refunds that may be paid in the future as well as businesses, boats, collections and other complex assets.

Whether you have a simple, straightforward marital estate or one that is large and complex, you can rely on our lawyers to protect your interests in all aspects of property division. To learn more, please call us toll free at 866-761-7660 or contact us by e-mail.


I really appreciate the way Mrs. Brinkman handles difficult situations and difficult people.  She represents me with confidence, yet always makes sure that I know what is going on and that I fully understand my options.  Her paralegal Tamara, have also answered my questions promptly and professionally; and have helped me through some tough times.

-Lisa H.

Karen Brinkman was brilliant in court; I obtained full custody of my daughter and am extremely grateful.  She made my family, my witnesses, the other professionals, and myself very comfortable by constantly educating us and keeping us informed of the law and the legal procedures.  She deserves a lot of credit for her careful wording of motions and entries and her ability to take charge of out-of-control situations.

-Dave B.

Karen and Tamara went into action on behalf of my son and granddaughter.  Their caring attitudes come through in everything they say and do.  I am sure that I will be looking to Brinkman & Associates for legal advice and for common sense answers whenever I have a family law question in the future.

-Sandy E.

I was very thankful that I had Mrs. Brinkman on my side when I went to court regarding a modification of child support that had been requested by my former husband in the Hamilton County, Ohio, Juvenile Court.  She returns my calls and responds to my emails promptly and thoroughly.

-Debbie S.

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