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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37830
Experience:  Retired (mostly)
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My daughter is getting a divorce in Ohio. She and her husband

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My daughter is getting a divorce in Ohio. She and her husband have a home. She has not worked for the period they have lived in the home. He has been the sole financial provider and has been paying the mortgage. Now, he is saying the she will be responsible for paying half the mortgage after the divorce, but she in moving out of the home as soon as she gets a job. If she is not working, has not been paying the mortgage and has no plans to stay in the home, and they sell it, will she have any accoutablility here? thanks....
Submitted: 7 years ago.
Category: Family Law
Expert:  socrateaser replied 7 years ago.

If her name is XXXXX XXXXX mortgage, then she is jointly responsible for paying. This has nothing to do with the divorce, because the lender is not part of the divorce action.


However, a nonworking spouse may be entitled to spousal support/maintenance/alimony to maintain the marital standard of living. So, even without a job, the husband may have to pay your daughter support.


Hope this helps.


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Customer: replied 7 years ago.
Yes, so if her name is XXXXX XXXXX mortgage, can the house be sold without her signature?
Expert:  socrateaser replied 7 years ago.

If her name is XXXXX XXXXX mortgage, then the property may be sold without her consent. If her name is XXXXX XXXXX (i.e., the "deed"), then it cannot be sold without her consent. Generally, one of the first things that a party requests during a divorce is for the court to restrain either party from disposing of any property until further orders of the court. Family courts universally grant such requests, because otherwise a party can run off with everything before the court can decide who gets what.

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