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My daughter and her husband of 2 years are getting a

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dissolution. Last year, she purchased...
My daughter and her husband of 2 years are getting a dissolution. Last year, she purchased the home that she had been renting from my husband and I. He did not have any credit so his name is ***** ***** the loan or the title.
I don't understand Dower rights and am not sure what he is entitled to in this case.
Submitted: 2 years ago.Category: Family Law
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10/27/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Just to be clear, your daughter and her husband are both still living, correct?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you see my follow up question to your issue?

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Customer reply replied 2 years ago
they are both still living
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Dower rights are terminated upon divorce. That is, they're rights that are "active" upon the death of one of the spouses. You can find the law about this here: http://codes.ohio.gov/orc/2103. Essentially it means that one spouse has a right to 1/3 of the property upon the death of the other. But it's only upon the death of the other (which is why I asked that question, because it's frankly irrelevant in a divorce action).

Rather, marital property (property that is purchased during the marriage and/or with marital funds) would be subject to "just and equitable" distribution upon a divorce .This would include property that is purchased during the marriage but in the name of only one of the spouses. He could still stake a claim to the property that was purchased during the marriage unless she could successfully argue that it was separate property.

Separate property is property that is not marital property, but is instead owned separately by either spouse. It includes any real or personal property (or any interest in such property) that falls into these categories:

  • an inheritance by one spouse by bequest, devise, or descent during the course of the marriage
  • property that was acquired by one spouse prior to the date of the marriage
  • passive income and appreciation acquired from separate property by one spouse during the marriage
  • property acquired by one spouse after a decree of legal separation
  • property that is excluded from the couple's marital property by a valid antenuptial agreement
  • compensation to one spouse for that spouse's personal injury, except for loss of earnings during the marriage and compensation for expenses paid from marital assets, and
  • any gift of property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

There's a lot more information about marital and separate property here: http://www.divorcenet.com/states/ohio/ohfaq04

Again, dower rights are not relevant in the current situation as neither party has died. But he does have certain rights by virtue of the property (likely) being marital property.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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