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Law Offices of Virginia C. Cornwell

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Who Gets the House? 10 Things You Need to Know About What Happens to Your House in an Ohio Divorce.

October 25, 2008

A Columbus Ohio Divorce Lawyer article about who gets the house in a divorce.

1.  In Ohio,  fault doesn’t matter.  It doesn’t matter if you think it is the other person’s fault that the marriage is ending.  It doesn’t even matter if you convince the Ohio court the divorce is the other person’s fault, the marriage is ending and you did nothing to contribute.  Under the law, that has nothing to do with who gets the house.  

2.  In Ohio, the court’s goal when dividing property in a divorce is to divide things and end things.  The court does not care AT ALL that you were a good spouse.  The court will NOT give one spouse enough support to keep the house and give the other spouse barely enough to afford a studio apartment, EVEN if you have children.

3.  The house usually comes with a mortgage, and always comes with taxes, insurance and maintenance.  In Ohio, if you cannot pay the mortgage, taxes, insurance and maintenance on the marital residence, then a court is unlikely to award you the marital residence.

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4.  In Ohio, Even if you could pay the mortgage on the house with a reasonable spousal support award, if your spending history while the divorce is pending shows that you are more likely to spend spousal support living your previous life style, and ignoring the mortgage, then you probably STILL will not be awarded the house.

5.  In Ohio, if neither of you can afford the house now that the marriage is ending, then the house should probably be put up for sale.  Generally, the spouse who is least able to afford a similar house after divorce AND is not the person who initiated the end of the marriage is unlikely to be cooperative in selling the house.  For example, they may be inflexible on price, refuse to follow the advice of the realtor regarding decluttering, refuse to cooperate with scheduling showings, fail to maintain the residence properly, etc.

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6.  In Ohio, If one spouse wants to keep the house, and intends to refinance the house into his or her name only, strong consideration should be given to doing the refinance while the divorce is pending.  If they can’t qualify for a loan while the divorce is pending, they will be unlikely to qualify for a loan afterwards either.  In the meantime, you can’t qualify to buy a new house either because your name is still on the old mortgage.  If the refinance can be accomplished later, it can be done now.  Remember the old adage – act in haste, repent at leisure.

7.  In Ohio, just because the house is titled in one parties’ name or the others, only, does not mean that the house is separate property under Ohio law.

8.  In Ohio, Just because one of the parties owned the house prior to marriage, does not mean that the house is STILL separate property.  It may have become “transmuted” into marital property under Ohio law.

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9.  The parties may simply not have enough money to pay the house payment while the divorce case is pending (temporary orders).  An Ohio court may order neither party to pay the house payment while the divorce is pending, if it finds the parties do not have enough money to do so.

10.  Being awarded the house in a divorce is not a victory if you can’t afford it and it will be foreclosed as soon as the divorce is over.

CALL NOW  at (614) 225-9316 

You may also be interested in our “Divorce in Ohio” series by a Columbus Ohio Divorce Lawyer and Columbus Ohio Divorce Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

The first articles in the series can be seen here, but there are many more:

Part 1 (Conciliation or Legal Separation), Part 2 (Dissolution or Uncontested Divorce), Part 3 (Reasons to Choose Divorce), Part 4 (Restraining Orders),Part 5 (Where will you live?), Part 6 (Paper Work), Part 7 (Health Insurance), Part 8 (Attorney Fees), Part 9 (5 Dirty Divorce Tricks), Part 10, (5 More Dirty Divorce Tricks).

In addition to the installments in the Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting, Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

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  1. J says

    October 31, 2016 at 3:04 am

    I need a P.I. Any suggestions?

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  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

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  • Adoption (4)
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  • Child Custody (39)
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  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535