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Hanna v. Hanna3/21/2003
DECISION AND JUDGMENT ENTRY
. This is an appeal from the judgment entry of divorce of the Lucas County Court of Common Pleas, Domestic Relations Division, wherein the trial court held that appellee, David Hanna, was entitled to $563,480.68 of his separate pre-marital property held in an investment account by Continental Capital Securities, Inc. Appellant, Susan Hanna, timely appealed the judgment of the trial court and raises the following sole assignment of error:
. "The trial court's decision that appellee traced $563,480.68 of the Continental Capital account to his separate property is against the manifest weight of the evidence."
. A trial court has broad discretion in dividing property in a divorce proceeding; however, "' reviewing court may modify or reverse a property division, if it finds that the trial court abused its discretion in dividing the property as it did.'" Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 218, citing Cherry v. Cherry (1981), 66 Ohio St.2d 348, 355. "'The term "abuse of discretion" connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable. [Citations omitted.]'" Id. at 219, citing State v. Adams (1980), 62 Ohio St.2d 151, 157.
. According to R.C. 3105.171(B), in divorce proceedings, the trial court must determine what property constitutes marital property and what constitutes separate property, and then divide the property equitably between the spouses, in accordance with R.C. 3105.171. Pertinent to this case, in R.C. 3105.171(A), marital property and separate property are defined as follows:
. " * (3)(a) "Marital property" means, subject to division (A)(3)(b) of this section, all of the following:
. "(i) All real and personal property that currently is owned by either or both of the spouses * that was acquired by either or both of the spouses during the marriage;
. "(ii) All interest that either or both of the spouses currently has in any real or personal property * that was acquired by either or both of the spouses during the marriage;
. "(iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage; *
. "(b) "Marital property" does not include any separate property.
. "(4) "Passive income" means income acquired other than as a result of the labor, monetary, or in-kind contribution of either spouse.
. "(5) "Personal property" includes both tangible and intangible personal property.
. "(6)(a) "Separate property" means all real and personal property and any interest in real or personal property that is found by the court to be any of the following:
. "(i) An inheritance by one spouse by bequest, devise, or descent during the course of the marriage;
. "(ii) Any real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage;
. "(iii) Passive income and appreciation acquired from separate property by one spouse during the marriage; *
. "(vi) Compensation to a spouse for the spouse's personal injury , except for loss of marital earnings and compensation for expenses paid from marital assets; *
. "(b) The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable. *"
. " raceability
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