151 Ohio App. 3d 682 - Earnest v. Earnest’s Empirical Analysis
2003
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently February 2022 · most notably Huelskamp v. Huelskamp (2009), Hawley v. Hawley, Unpublished Decision (6-18-2004) (2004)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Kunkle v. Kunkle · Kaechele v. Kaechele · 96 Ohio App. 3d 731 - Peck v. Peck · 116 Ohio App. 3d 781 - Stafinsky v. Stafinsky
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the party seeking to establish an asset as separate property * * * has the burden of proof, by a preponderance of the evidence, to trace the asset to separate property.”
4 later decisions quote this exact passage“[a]ll real and personal property that currently is owned by either or both spouses, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage.”
2 later decisions quote this exact passage“[t]he 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.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.