Legal Question in Real Estate Law in California
Husband purchasing real estate with out wife
My husband has purchased a house in Ohio and obtained a loan on his own as a married man wife aware but not on the loan or deed. If something were to happen to him or we were to get a divorce, as a married couple, would I be in some way obligated to pay the loan or to the property in any way in the event of a divorce or death. What would happen to this property and the loan? Would it be community property even though I am not on the loan or deed? Please advise!
1 Answer from Attorneys
Re: Husband purchasing real estate with out wife
Property purchased during the marriage is presumed to be community property, or in this case quasi community property. If he purchased the property with community property, ie his wages, the porperty is quasi community property. If he used his separate property money to pay for the property it would be his separate property.
Also Ohio is not a community property state. You should contact an attorney in Ohio to determine what rights you may have. It is my understanding that you would have the right to the rental income from this property for the remainder of your life. However, I am not familar with Ohio law.
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