Q: Is he entitled to my house if he pays the mortgage? ? If I pay the house off while we are married does he get ½?
I live in Hamilton County, Ohio. I got married in 2015. My husband came into the marriage with credit card debt, told me he had none, and he continues to spend. If Credit Cards are in his name will I be responsible for ½ of his debt? I bought my home in 2006. It is in my name only and was purchased long before we got married.
Our finances are separate.
A: A divorce resolves the issues of what is marital property -- subject to being divided, and what is a spouse's separate property that the spouse gets to keep. If he has contributed to the payment of mortgage and other expenses, then the house might have initially been your separate property, but the court might consider some portion of its equity to be marital property subject to being divided, so that he would get a share of it. The divorce also decides if debt is separate or marital. Debt incurred before the marriage can be considered separate, but debt incurred by one spouse during the marriage, can be considered marital, so both might be responsible to pay that part of the debt. It all depends on the facts. Use the Find a Lawyer tab and retain a local divorce attorney who can review your situation and advise you.
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