Overview:​

Asset tracing (forensics) is the forensic process of tracking a trail of transactions from original separate property to acquired property. Asset tracing is used in family law (divorce) matters, mainly to identify "separate property". Under Ohio law, all property is assumed to be "marital property" unless a spouse can prove it is separate property. Their definitions are:​

• "Marital property" includes all real and personal property that was acquired by either (or both) during the marriage. As both spouses are considered to have contributed equally to bringing in marital property, Ohio law dictates that marital property must be divided equally unless the division is inequitable. In these cases, the courts will divide the property equitably. 

• "Separate property" is real and personal property that is not marital property and is owned by either spouse. Examples include:

  • an inheritance received by one spouse during the marriage​

  • property acquired by one spouse after the separation decree

  • property acquired by one spouse before the marriage

  • property that was gifted after the marriage date that was clearly given to only one spouse

  • passive income/appreciation from separate property during the marriage

  • property that is detailed in a prenuptial agreement

Finally, asset tracing is more convincing when coupled with corroborative evidence (signed contracts and third-party documents).