Canton, OH asked in Divorce for Ohio

Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?

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2 Lawyer Answers

A: Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the circumstances. Use the Find a Lawyer tab to retain a local family law attorney who can review your situation and advise you accordingly.

A: If you purchased it prior to divorce then it is premarital, and not subject to division in a divorce. Under limited circumstances, a court can award a portion of the house to the non-buying spouse. Usually they are entitled to the cash value of the increase in marital equity in the house after marriage. This is usually not a very high amount.

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