Legal Question in Family Law in Ohio

2nd Marriage Assets

My husband and I have been married 16 years. Prior to our marriage, an ante-nuptial agreement was executed which mainly dealt with assets prior to our marriage which included our main house of residence. My name is on this deed and in case of my husband's death I would get full ownership of the house; currently, I have 1/2 ownership of our main house of residence.. However, we have moved since the execution of the ante-nuptial; and, of course, the address of the house has changed. Does that matter if the address of the house is different than what is in the ante-nuptial agreement? Also, we are currently contemplated purchasing a second residence (a condo at the lake). If my husband's name is solely on the deed, what rights would I have to the condo?


Asked on 6/26/07, 12:47 pm

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: 2nd Marriage Assets

You did not indicate whether your new residence is owned by you both jointly or in survivorship. Regarding the lake condo, if it is placed in your husband's name only and you release all rights to dower, the house could be deemed belonging to your husband's estate only.

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Answered on 6/26/07, 1:02 pm
David Davies Law Office of David H. Davies

Re: 2nd Marriage Assets

It is possible that the ante-nuptial agreement does not apply to the current "main house of residence." Changing assets, acquiring a new residence, etc. may or may not be covered in the agreement.

Under normal circumstances, real estate acquired during the marriage is a marital asset to be divided upon divorce regardless of whose name is on the title. However, there are circumtances that may change that rule. What are the terms of the ante-nuptial agreement. Does it address that possiblility? Where did the money come from to purchas the new property? (the Condo in your case)

There are a lot of questions that need to be answered before I can give you any kind of a meaningful response. If you want to call and give me more information I will be happy to talk to you. No charge or obligation for the confidential call.

God Luck!

DH Davies

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Answered on 7/02/07, 12:14 pm


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