Hilliard, OH asked in Divorce for Ohio

Q: Can i have my spouse sign an agreement before purchasing a home?

My wife an I have had problems and we are about to buy a home. I dont want to have 5+ years of equity go to waste and lose the home to her IF we end things. Can I have someone draw up an agreement to have her sign so that if we divorce, we can split the home down the middle or one of us buys the other out?

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1 Lawyer Answer
Anthony C. Satariano
Anthony C. Satariano

A: Postnuptial agreements (meaning after you are already married) are not enforceable in Ohio. However, your goals (either split the home equity or one of you buy the other out) are both very likely scenarios if a divorce occurred regardless.

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