DOMESTIC RELATIONS LAW COMMITTEE

In Zinsmeister v Gillen-Zinsmeister, 2024-Ohio-938, the 10^th District Court of Appeals held that an order to sell the marital residence during the pendency of the divorce is a final appealable order, even if the divorce is not finalized yet. Because the owners would be unable to regain possession of the property if it was sold prior to appellate review, it affects a substantial right. In Zinsmeister, only the Husband continued to reside in the home. Further, due to unemployment, he was withdrawing large amounts of money from his retirement to satisfy the mortgage. The Judge found that Husband failed to present evidence demonstrating he could maintain the residence or buy out Wife’s share of the equity, therefore she ordered the house sold and the proceeds held in escrow. The Appellate Court agreed that was an equitable result and upheld her decision.