Legal Question in Family Law in Ohio
Pre-Marital Assets, Dower Rights, Real Estate and Divorce
A single woman sells property and uses the proceeds as a down payment for a house which is purchased and deeded to herself and her live in male friend. They live together several years in the property and consequently marry. Almost three years later, they seek divorce. Is the wife legally entitled to the full downpayment as well as half the remaining proceeds from the sale of the property? If I understand Ohio law with regards to dower interest, had she not sold the property wouldn't the husband acquire dower interest once they married? Using this logic, it makes sense that she forfeits rights to the down payment as it becomes dower interest upon marriage and once the property is sold any proceeds should be equally divided after all debts are paid. Thank you in advance for your response.
1 Answer from Attorneys
Re: Pre-Marital Assets, Dower Rights, Real Estate and Divorce
She used premarital assets for the down payment and if the premarital asset can be traced she can reacquire it upon divorce. You are correct that the husband has a dower interest in all real property, however, in the event of a divorce, she wouold get the property free and clear of your interest as it was a premarital asset.
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