Muhlfelder v. Muhlfelder, Unpublished Decision (3-15-2002)
Muhlfelder v. Muhlfelder, Unpublished Decision (3-15-2002)
Opinion of the Court
A divorce decree, which leaves issues unresolved, is not a final order. See Hughes v. Hughes (May 9, 1997), Portage App. No. 96-P-0196, unreported, 1997 Ohio App. LEXIS 1977. The trial court's judgment entry of divorce did not determine the valuation of numerous marital assets of the Muhlfelders. Further, the trial court did not address the issue of whether Kym Muhlfelder's new home, located at 32380 Stoney Brook Drive in Avon Lake, Ohio, is marital property. The trial court did not classify all of the property as either marital or separate as required by R.C.
In order to make an equitable property division, a trial court must make a finding of fair market value of all marital property. Blaner v.Blaner (June 9, 1995), Trumbull App. No. 94-T-5163, unreported, 1995 Ohio App. LEXIS 2640. A trial court may not omit valuation altogether. Even if a party fails to provide any evidence regarding the value of an asset, the trial court cannot assign an unknown as a value. Willis v. Willis
(1984),
FORD, P.J., CHRISTLEY, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.