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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38793
Experience:  I provide family and divorce law advice to my clients in my firm.
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my wife and i seperated 8 years ago and i bought a house with

Customer Question

my wife and i seperated 8 years ago and i bought a house with out her name on it now i want to get fully divorced what right does she have to the property?The house is in another state and i bought all new furniture and i deeded half the house away to a friend of mine should i deed the whole house away to protect it so she doesn't get it?
Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

May I ask what state the property is located in? Do you wish to file in Ohio? When you purchased the home, did your wife sign an antenuptial agreement in which she gave up rights to the home?
Customer: replied 3 years ago.
Arizona -- yes in Ohio where she lives or should i file in arizona she doesn't know i have the house -- no she did not sign anything we split up the belongings and i left
Expert:  Dimitry K., Esq. replied 3 years ago.
Oh I see. How long have you lived in Arizona? Or you haven't lived in Arizona at all, but remained in Ohio after you left?
Customer: replied 3 years ago.
8 years i have had the home i lived i NY for 2 canada for 3 colorado for 2 and now in CA but still have the house in AZ
Expert:  Dimitry K., Esq. replied 3 years ago.
So just to be clear, you haven't lived with your spouse for 8 years and all that time she remained in Ohio, is that correct?
Customer: replied 3 years ago.
yes
Expert:  Dimitry K., Esq. replied 3 years ago.
Great! Thank you very much.

Ohio, unlike California or Arizona, is governed under "equitable distribution" of marital assets. What that means, essentially, is that marital assets are not split equally, but are instead split "equitably and fairly" between the spouses. That means that if you purchased the California home without any of her assets, but simply with your own separate property, the home is deemed yours. That is because you can argue that since you lived apart, you effectively separated which made your assets separate as well. In California that argument will not work since regardless in whose name the asset is titled, if it was purchased while married, both own it 50/50. In Ohio the courts review how the property was purchased and with what assets. Of course if you do deed the home away completely, the home will be completely protected, but just be aware that you might have difficulty in getting the home back, at least possibly. Also make sure to file in Ohio as the laws there would facilitate you to keep more of your assets from your spouse.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38793
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
you use the california house for two examples the huse is in arizona. if i deed it fully away is it fully protected? Is there full discloser laws in divorce cases in ohio? how do i keep it fro her? would the mortage depth be enough that she would not want to assume half of it?would she have to assume half of all my depth and i hers. she has a home that i signed for in ohio would the court say she keeps everything there and i keep everything in arizona? and is she entilted to half my pension?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

The reason I used an example of California is because that is where you are currently located. However both California and Arizona are considered "community property" states and would treat marital assets more or less similarly to one another, but not how Ohio would treat the marital split. Ohio, like all states, has full disclosure for marital assets. I really cannot suggest how to keep the property from her as I am not your attorney, but possibly pointing out the lack of value in the property may be enough to get her to pass on that "asset". In terms of how the homes would be split, such a split that you state is possible if the court deems it 'fair and equitable'. She would be entitled to a portion of your pension that you earned while married to her.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.