Medina, OH asked in Divorce, Real Estate Law and Family Law for Ohio

Q: Does my cosigner's husband have legal claim to my house during a divorce in a dower state?

I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my lender required her husband's signature "as to dower" when issuing the mortgage loan. I have a fiduciary deed with a survivorship clause. Does her husband have any legal claim to the house?

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

A: Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the divorce. The mortgage doesn't determine any ownership rights. Talk to her divorce attorney about it, or use the Find a Lawyer tab to retain a local attorney to advise you.

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