Legal Question in Real Estate Law in Ohio

Re: Getting a someone off the title

I'll start with a disclaimer: I am not licensed in the State of Ohio and, therefore, can speak nothing of its laws (your question did not specially indicate why you are located in Illinois but the question involved Ohio law). Also, I am not a real estate attorney.

Nonetheless, because this question has gone unanswered for a number of days, I thought I'd offer -- perhaps -- a creative solution. Assuming that the situation is untenable as it stands and that Sue would be willing to sell the house and, with the proceeds, buy another, then (at least under Illinois law) it might be possible to classify the venture of the home purchase as a "partnership." A partnership that does not have a writing creating and defining its terms is governed, in Illinois, under the Uniform Partnership Act (the "Act").

Under the Act, there are certain events that take place when a partnership goes into dissolution -- and dissolution can take place merely when one partner quits. It is possible for "Sue" to quit the partnership, thereby effecting dissolution, and follow the course prescribed under the Act. More specifically, when a partnership is in dissolution, the assets of the partnership are sold, creditors are paid (such as the mortgagee) and the balance is distributed to the partners.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only occur upon the execution of a formal retention agreement.