Legal Question in Family Law in Ohio

Wife's rights to home in husband-instigated divorce

A couple has been married less than three years. Before this marriage, husband was building a home for his first wife (who died prior to this marriage). Husband wants a divorce and has told wife to move out.

If she moves out immediately, will she forfeit her rights to a property settlement of partial value of the jointly-owned home?

Thank you.


Asked on 6/22/00, 11:02 pm

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

Re: Wife's rights to home in husband-instigated divorce

Since the house was purchased prior to the marriage it is considered a premarital asset and will be his upon divorce. However, you are entitled to any appreciation which has accrued during the marriage through either improvements to the property or general raises in the property value.

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Answered on 9/11/00, 3:34 pm


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