Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!
Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of our child. What am
I legally entitled to, what all can I fight him on? Who gets the house? The cars? The washer and dryer? Who gets what?
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- Ohio
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A:
IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.
Most of the time, this means a close to equal split in the equity of the parties. If there are children involved, you are likely also entitled to child support payable through the child support enforcement agency.
Depending on the length of the marriage, the income of the parties, and many other factors, you may also be entitled to temporary or permanent spousal support in addition to child support.
I know costs are an issue. It is common for the less-earning spouse (usually the wife who is taking care of the child) to not have funds to hire counsel. Ohio divorce law accounts for this, and there are times that the higher earning spouse has to pay some or all of the attorney fees of the lower earning spouse.
There are NUMEROUS exceptions to everything I just said, but this is a good starting point.
Todd B. Kotler agrees with this answer
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