Legal Question in Family Law in Ohio

Property Division Fault

I have been married to my husband for 13 years and we have children together and a house. Last year we filled bankruptcy but not on the house and the home equity line. I found out that he was unfaithful recently and I am considering divorce or dissolution. I would like to keep the house and refinance it. If he will not let me have it would the courts make us sell it or because of his infidelity can I get it. There is no equity in the house left. I have been paying on the house and have not received a lot of money from him. Also would I have to take on the entire home loan?


Asked on 10/28/05, 9:55 am

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

Re: Property Division Fault

You have asked a lot of questions that I will try to answer one at a time. First of all infidelity is one of the grounds for divorce and it does not have to do with the property division. I understand and appreciate that you are hurt and angry, but his affair should not affect the property division. Second, if you are able to refinance, that will get his name off of the house. this is something to consider after the divorce and if you are awarded the house it is the only way to get him free and clear of the house. However, from your perspective, if you plan to stay in the house, it does not matter if he is on the mortgage because if you default on the loan, then it affects his credit also. If you can not agree how to divide the equity in the house then the Court will decide for you. In many circumstances, the Court will order the house sold and the equity divided equally. If you receive the house you will be responsible for the expenses associated with it. AS to spousal support, that is a whole discussion in itselfthat would require a lengthy discussion.

Good Luck

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Answered on 10/30/05, 2:44 pm


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