Legal Question in Family Law in Ohio

Legal Separation?

I currently am in an uneasy situation without the financial stability to do anything about it. I have been married to my husband going on 6 years and we have been together for 11 years.

My 12 year old son is not my husbands however, my husband has given our son his last name legally and has raised him the past 11 years. He had intentions of adopting him however, the funds were never handy.My husband has raised my son, claimed him on taxes and states ''HE IS MY SON.''

In 1996 we moved into what used to be my Husbands father's house as he died. My name to this day is NOT on the house however, it is on the house loan. I want to eventually divorce my husband but don't feel as though I should walk away totally empty handed since I have put a lot into the house with repairs. We have had equity loans together in BOTH our names for these repairs. At this point I just need to get away from him. There is no reasoning nor trying to resolve any issues. Am I able to file for a legal separation and if so how long till I have to file for divorce? Do I have any claims on the home we have lived in for over 9 years or is that just a lost cause?


Asked on 6/28/06, 10:25 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Legal Separation?

You can file for divorce, and you are entitled to credit for what you contributed to repairs, provided you can prove with documents what you did. The marital residence is your husband's but you are entitled to 50% of the equity appreciation, minus the marital debt incurred.

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Answered on 6/28/06, 11:45 pm


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