Legal obligation

My husband and I are separated we have been married 8
years. I bought the house in 2003 is he able to get anything
from my house also the car is in his name I cannot afford
payments can I find another without being obligated to this

Asked on July 7, 2018 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, so long as the car is titled in your husband's name, you bear no financial responsibility for it, unless you co-signed or otherwise guaranteed repayment of the loan. As for the house, if it was your sole property and you owned it prior to your marriage, your husband cannot claim any ownership of it. That having been said, if during the course of your 8 year marriage he contributed to the maintenance/repair of it, then he may be entitled for reimburement of those sums. Finally, in certain rare instances seperate property can be changed into marital property. In equitable distribution states (of which OH is one), the "transmutation doctrine" may apply. In order for transmutation to occur, the owning spouse must express their intention to contribute their separate property to the receiving spouse or to the marital estate.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) Your house: if you owned it pre-marriage, as you did, and never put him on the title, it is your property solely and he should have no rights to or interest in it.
2) The car: if the car is solely in his name *and* you are not on the loan or financing agreement, you are not resposible for the car. If you did sign or co-sign a loan, etc., however, then you are equally liable with him for the monthly payments.

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