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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
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Experience:  Attorney
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Trying to finalize a divorce/dissolution in Ohio. Everything

Customer Question

Hi. Trying to finalize a divorce/dissolution in Ohio. Everything is agreed upon except one thing. Life insurance. Ex wife (to be)'s attorney wants 1/2 cash value of the plan in cash PLUS keep policies in force with her as beneficiary. Don't dispute she is entitled to half the asset, but cannot pay the cash value without cashing in the plan. After resisting, fighting this for one year, my attorney has now abruptly changed her mind and said we need to do it that way. That makes no sense to me. We wouldn't give her half e cash value of the house and then continue to pay for he house and let her have it in full later. Am I wrong?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: Not yet. Still negotiating through the attorneys.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

This is attorney Bill offering assistance to your property settlement agreement in Ohio.

If you are both represented by attorneys the court most likely won't amend your property agreement once submitted to the court; albeit it does reserve the right.

Under the circumstances you can either refuse to come to an agreement that you deem unfair in relation to the life insurance and the house and submit the matter to the court for a disposition or you can submit a partial property agreement and request the court to order the final disposition of other assets.

You aren't required to come to a prior property agreement so can exit negotiations at any time.

The standard is equitable division and this will depend on a number of factors ; such as your respective jobs, length of the marriage, fault in the marriage and the financial needs of both of you into the future,

We are here to help.

Please follow up with me when you need more information.

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Attorney Bill