Legal Question in Real Estate Law in Ohio

Ohio Dower Laws

I have a home in Ohio I am currently unable to sell. My ex-wife was not asked to waive Dower rights at the time of our divorce and has moved out of the country. I have no way of getting in touch with her. Is there ANY other way to go through the sale of my home without her signing the title, or is my only option to foreclose?


Asked on 9/11/07, 1:45 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Ohio Dower Laws

Dear Reader: You have no right of foreclosure against the dower rights of your ex-wife. Your best course of action may be to petition the Domestic Relations Court, where you obtained your divorce, for a Declaratory Judgment. This would enable you to sell the house, but may also require you keep 1/2 of the net proceeds from the sale in trust for your ex-Wife.

However, if you can show the Court that you are entitled to all of the proceeds, you may obtain a judgment to permit you to sell and keep all of the net proceeds, withput any potential future claim by her.

You should retain an experienced Attorney to assist you, without further delay.

Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 9/12/07, 8:26 am


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