Legal Question in Family Law in Ohio

Divorce

I was legally married in 1991, had 2 children, then legally divorced in 1994. My ex-husband and I only lived apart for 6 months, then I moved back into his home. I had the court ordered child support stopped in 1995 because we were living with him and he was supporting the children. When we divorced, I asked for nothing but child support. We have never legally remarried, we have many things in both our names, we bought a new house in both names, we refer to each other as husband and wife. He has named me beneficiary on all his pensions and life insurance policies thru work, we have a bank account together (have had these things for many years). Troubles have come up and I am considering leaving, what do I do? Do I need an attorney? He thinks that I will just leave and not ask for anything, that means I leave with no car, (we have 3, none in my name), can I ask that we sell the house and split the profit? He says that we are not married and that is that. I need advice. Thank you for your time.


Asked on 7/10/03, 1:19 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Divorce

Ohio has abolished the doctrine of common law marriage. Therefore, once you got divorced all of your property was divided. It is bad news that you did not bother to get remarried. However, one may claim promissory estoppel, but he is definately in a superior position.

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Answered on 7/10/03, 8:32 pm


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