Legal Question in Family Law in Ohio

divorce and suddenly disabled spouse

we have had the final divorce hearing but are still waiting on the final divorce decree. in the meantime my husband has been found incompetent and is in a nursing home. ( he has MS) no one has POA. what are my rights as we are still married? can i sign the paperwork that has his name on it or do i need to go to probate? the house is for sale and needs reduced or refinanced. can i do this even though his name is on the deed?


Asked on 5/15/07, 2:21 pm

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: divorce and suddenly disabled spouse

You cannot sign for things that are in his name. If he will be in a nursing home for a long time, a guardianship should be established. Also, when the divorce decree comes tghrough the divorce court may make orders concerning the dispostion of the property depending on the division of assets.

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Answered on 5/16/07, 12:22 am


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