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May 5, 2015

05-05-2015

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Supreme Court of Ohio

Description

Must Signing Bonus from Oil and Gas Lease Be Divided in Divorce?

James P. Kuhn v. Kelly L. Kuhn, now known as Cottle, Case No. 2014-0601

Fifth District Court of Appeals (Guernsey County)

ISSUES:

- Is income generated from an oil and gas lease entered into after marriage on property owned by one spouse before marriage "active income" subject to division between spouses in a divorce or "passive income," which doesn't have to be divided?

- Does a spouse's signature on a real estate document create an ownership interest in the real estate or in any proceeds stemming from the real estate?