Legal obligation

Get Legal Help Today

 Secured with SHA-256 Encryption

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
car

Asked on July 7, 2018 under Family Law, Ohio

Answers:

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

Answered 3 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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption