Chapter 3103 | Husband And Wife

Section
Section 3103.01 \| Mutual obligations. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF Husband and wife contract towards each other obligations of mutual respect, fidelity, and support.
Section 3103.03 \| Married persons' obligations of support. Effective: April 3, 2024 Latest Legislation: House Bill 33 - 135th General Assembly PDF: Download Authenticated PDF (A) Each married person must support the person's self and spouse out of the person's property or by the person's labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent's minor children out of the parent's property or by the parent's labor. (B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods. (C) If a married person neglects to support the person's spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause. (D)(1) If a parent neglects to support the parent's minor child in accordance with this section and if the minor child in question is unemancipated, any other person, in good faith, may supply the minor child with necessaries for the support of the minor child and recover the reasonable value of the necessaries supplied from the parent who neglected to support the minor child. (2) A duty of support may be enforced by a child support order, as defined under division (B) of section 3119.01 of the Revised Code. (E) If a decedent during the decedent's lifetime has purchased an irrevocable preneed funeral contract pursuant to section 4717.34 of the Revised Code, then the duty of support owed to a spouse pursuant to this section does not include an obligation to pay for the funeral expenses of the deceased spouse. This division does not preclude a surviving spouse from assuming by contract the obligation to pay for the funeral expenses of the deceased spouse. Last updated April 3, 2024 at 4:07 AM
Section 3103.031 \| Assuming parental duty of support. Effective: March 22, 2001 Latest Legislation: Senate Bill 180 - 123rd General Assembly PDF: Download Authenticated PDF A biological parent of a child, a man determined to be the natural father of a child under sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code, a parent who adopts a minor child pursuant to Chapter 3107. of the Revised Code, or a parent whose signed acknowledgment of paternity has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code assumes the parental duty of support for that child. Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to the child shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
Section 3103.04 \| Interest in the property of the other. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF Neither husband nor wife has any interest in the property of the other, except as mentioned in section 3103.03 of the Revised Code, the right to dower, and the right to remain in the mansion house after the death of either. Neither can be excluded from the other's dwelling, except upon a decree or order of injunction made by a court of competent jurisdiction.
Section 3103.05 \| Contracts. Effective: March 23, 2023 Latest Legislation: Senate Bill 210 - 134th General Assembly PDF: Download Authenticated PDF (A) A husband or wife may enter into any agreement or transaction with either of the following: (1) The other spouse, subject to the general rules that control the actions of persons occupying the confidential relations with each other; (2) With any other person, which either might if unmarried. (B) An agreement under division (A)(1) of this section that alters the legal relations between the spouses shall comply with section 3103.061 of the Revised Code. Last updated February 8, 2023 at 12:54 PM
Section 3103.06 \| Contracts affecting marriage. Effective: March 23, 2023 Latest Legislation: Senate Bill 210 - 134th General Assembly PDF: Download Authenticated PDF (A) A husband and wife may, by any contract with each other, do any of the following: (1) Enter into a postnuptial agreement that alters their legal relations with each other; (2) Modify or terminate an antenuptial or postnuptial agreement or any other agreement that alters their legal relations with each other; (3) Agree to an immediate separation and make provisions for the division of property and support of either of them and their children during the separation. (B) An agreement under division (A)(1) or (2) of this section shall comply with section 3103.061 of the Revised Code. Last updated February 8, 2023 at 12:55 PM
Section 3103.061 \| Requirements for agreements altering legal relations between spouses. Effective: March 23, 2023 Latest Legislation: Senate Bill 210 - 134th General Assembly PDF: Download Authenticated PDF Any agreement altering legal relations between spouses established under division (A)(1) of section 3103.05 or division (A)(1) or (2) of section 3103.06 of the Revised Code shall be valid and enforceable, with or without consideration, if all of the following apply: (A) The agreement is in writing and signed by both spouses ; (B) The agreement is entered into freely without fraud, duress, coercion, or overreaching ; (C) There was full disclosure, or full knowledge, and understanding of the nature, value, and extent of the property of both spouses ; (D) The terms do not promote or encourage divorce or profiteering by divorce. Last updated February 8, 2023 at 5:27 PM
Section 3103.07 \| Property. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF A married person may take, hold, and dispose of property, real or personal, the same as if unmarried.
Section 3103.08 \| Responsibility. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF Neither husband nor wife, as such, is answerable for the acts of the other.