Tallmadge, OH asked in Real Estate Law and Tax Law for Ohio

Q: I'm married and we are buying our first home in Summit county, Ohio...

I have 7k premarital debt from an unpaid medical bill that's been transferred to the attorney general's office. They try to offset my husband's state taxes every year but can't because it's premarital debt.

Only his name is on the mortgage.

Can I be put on the deed or will the state be able to come after the home with a tax lein? If I'm put in the survivorship section, is that different from being put on the deed itself?

How do we ensure the house goes to me upon his death without facing a tax lein in the meantime?

Upon his death I would pay the debt in full with his life insurance payout. We just cannot afford to pay it now. The lender said my credit scores are in the 800s and I should have no problem refinancing the home in my name upon his death.

This debt doesn't show up on my credit report any longer but it will stay with the attorney general's office until death.

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

A: Your name can be put on the deed as an owner, but then the state can put a lien on your interest in the home. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the financial situation of you and your spouse. The attorney can then assist with preparing wills, powers of attorney, living wills, etc., and advise you on how to accomplish your goals.

Bruce Alexander Minnick agrees with this answer

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