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Wife and I bought a house needing total rehabk)using her…

Wife and I bought...

Wife and I bought a house needing total rehabk)using her money (approx. $45K) for the purchase, mainly because I was against the purchase. A month $K) later she took out a mortgage (approx. $50K) against a piece of rental that she owned before our marriage in order to start yhe rehab

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I contributed approx. $15K and over 200 days of labor thereafter. Divorce now likely, what are my dower rights on both/either of these properties percentagewise

Lawyer's Assistant: What steps have you taken so far?

None she moved into the rehab last Monday, leaving me with a mortgage to service and refusing to help with house hold bills

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Customer reply replied 1 month ago
State of Ohio sorry
Answered in 11 minutes by:
3/20/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

When you say that she bought the house with "her" money, are you talking about funds she had in a separate account from before you got married? Is your name on the house she bought?

Has she been paying off the mortgage with rent money from the property or using funds either of you earned during the marriage?

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Customer reply replied 1 month ago
Her s beforeogeur marriage. My name not on the house Paying mortgage w rent from her original house. No mortgage on rehab house

Thank you.

The new house is going to be considered her separate property, since she bought it with her separate property and did not add your name to the title. Ohio Rev. Code, Section 3105.171. The rental property would also be hers, although you could claim the rental income as marital property if you helped with the property or otherwise contributed to her earning it. You don't have any obligation to help repay the mortgage on the rental property, however, you also don't have a claim to that money.

What you are entitled to in this scenario is the $15,000 you put into the house, plus half of any increase in value due to your efforts and the money you put in.

She's unfortunately not required to pay for the household bills unless there's a court order that says otherwise. Under the circumstances, the judge is likely to allow you to keep the marital home, however, you would have to buy out her interest.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified
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