Legal Question in Real Estate Law in Ohio
Real Estate Ownership
I bought a home in 2000. My name was the only name on the deed then and now. I was married in 2001. My husband owned his own business until 1998 when he filed bankruptcy. Now, several years later, he still owes for some unpaid sales tax assessments, of which an attorney is helping him sort out. We have been ''told'' by someone working at an attorneys office representing the dept of taxation that they are going to seize our home and auction it and all of our personal belongs off to get their money. My question is, is that possible even though his name is not on the deed or loan or anywhere? I have had conflicting information for paralegals, attorneys and legal secetaries. Some say they can't take ''my'' house others say in Ohio it is 50/50 once married so they are entitled to his half. Others say once married my property is his property and they are entitled to come after me also. I don't know what to think.
2 Answers from Attorneys
Re: Real Estate Ownership
If the property is not titled in his name, a creditor cannot place a lien on it or foreclose.
Re: Real Estate Ownership
If you bought this house before your marriage, and entirely with your own money, meaning your then future husband did not contribute to the down payment, etc., then none of your husband�s creditors can touch it; not even the government. If you have documentation of the dept. of taxation�s representative telling you otherwise, contact me immediately. If this can be proven, then they are in violation of a number of laws, and you have a claim against them. 216.241.2500.
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