Colorado Springs, CO asked in Real Estate Law for Ohio

Q: If house mortgage under husband name ( but not paid off yet) in that case if spouse file for Devorce can she get 50%

Can she get 50% from that property?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: In a divorce, if the house is a marital asset, then the equity in the home, which is the fair market value of the home minus the mortgage balance, can be divided 50-50. It does not matter whether husband's or wife's name is on the deed or the mortgage. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts about when the home was purchased, with whose money, who pays for what house expenses, the current mortgage balance, etc., and advise you about any division of the equity in the home.

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