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Ohio Civil Litigation Questions & Answers
2 Answers | Asked in Divorce, Family Law and Civil Litigation for Ohio on
Q: Can I request attorney fees if my ex-wife violated the divorce decree in Ohio by not refinancing our home and paying $6,000 owed?

I am dealing with a situation where my ex-wife has violated our divorce decree. She owes me $6,000 and was supposed to refinance the house to remove my name from the mortgage. If she failed to do so, the house was supposed to be listed for sale. She is now four months late on both the payment and... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 11, 2025

You may certainly request that she be compelled to pay your attorney fees. However, whether or not she does is at the sole discretion of the court. You and / or your attorney will need to provide evidence that her failures to abide by the terms of your divorce decree were more than mere negligence... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: How can I legally address excessive noise from a neighbor in Ohio?

I have a noisy neighbor who stomps excessively day and night, even as early as 6 a.m. Despite bringing this issue to the leasing office four times, nothing has changed. I had an altercation with the neighbor a few weeks ago where words were exchanged, and the stomping worsened afterwards. I have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 19, 2025

This is a very frustrating and unfortunately common complaint of tenants living in multiunit buildings. Unless the other tenant's conduct rises to the level of stalking, harassment, or discrimination, it will be difficult to bring a legal claim against them. You could potentially file for... View More

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3 Answers | Asked in Bankruptcy, Civil Litigation and Real Estate Law for Ohio on
Q: Is paying off a HELOC without permission legal after deed transfer reversal?

Back in 2018, the deed to my grandmother's house was transferred into my name to obtain a HELOC for her nursing home expenses. In 2019, my family filed a lawsuit claiming the quitclaim deed transfer was illegal. The judge reversed the transfer and put the deed in my family members' names... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 19, 2025

This does not violate any criminal law to my understanding. I am not sure you even have a civil cause of action. If I understood your question, your issue is that your family paid off a debt in your name. At worst, they may have an action against you for unjust enrichment and you have a defense... View More

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2 Answers | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Ohio on
Q: Can I retrieve belongings taken by my grandmother while living in her Ohio home?

I am almost 20 years old and living with my grandmother in her home. Although I have a job, my own money, and room, my grandmother often takes my belongings, such as incense, electronics, and makeup, claiming I don't deserve privacy in her home. Recently, she took a $500 electronic item I... View More

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2025

You have three choices. You could file a criminal complaint for theft. You could file a small claims complaint for conversion which is the civil tort that's similar to theft, where you're asking for a return of an item or its monetary equivalent. Lastly, you could continue to do nothing... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Municipal Law for Ohio on
Q: Neighbor renter chopped down shared tree line; city's ordinance classifies as misdemeanor, but city won't press charges.

I am a property owner, and my neighbor, who is a renter, has chopped down a shared tree line along our property boundary without my permission. This action goes against a city ordinance and is considered a class 4 misdemeanor. However, the city refuses to press charges, stating it's a civil... View More

Joseph Jaap
Joseph Jaap
answered on May 20, 2025

Retain an arborist to assess the value of the trees that were removed, and the cost to replace them. Also ask a real estate agent the amount of any reduction in property value. Use that information to send a letter to the owner of neighboring property asking for compensation. If the owner... View More

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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: Can I recover costs from co-owner for unpaid house upkeep in Ohio?

I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2025

Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Ohio on
Q: How to proceed with land contract default and damages recovery in Ohio?

I have a land contract in Ohio that is expiring at the end of the month. The buyer was unable to secure a loan for the final balloon payment, resulting in a default. The contract references compliance with sections 5313.05 and 5313.09 of the Ohio Revised Code for defaults. A lawyer mentioned that I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Your options to evict or foreclose are determined based upon the time the land install contract has existed and the amount paid towards the purchase price. If the land installment contract has existed for five (5) years or the Buyer has paid more than 20% of the purchase price, then you must... View More

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2 Answers | Asked in Contracts, Civil Litigation and Business Law for Ohio on
Q: Should I hire a lawyer for a civil court case against contractors who didn't complete the job as contracted?

I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More

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3 Answers | Asked in Estate Planning, Family Law and Civil Litigation for Ohio on
Q: Legal remedies to ensure father's burial wishes are honored despite claims of marriage.

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 28, 2025

I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More

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3 Answers | Asked in Estate Planning, Family Law and Civil Litigation for Ohio on
Q: Legal remedies to ensure father's burial wishes are honored despite claims of marriage.

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

Andrew Popp
Andrew Popp
answered on Apr 27, 2025

Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)

https://codes.ohio.gov/ohio-revised-code/chapter-2108

An estate planning...
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2 Answers | Asked in Personal Injury, Civil Litigation and Employment Law for Ohio on
Q: How to pursue legal action against Ever Driven for unsafe child transportation in Ohio?

I am considering a lawsuit against Ever Driven due to their unprofessional conduct. On two occasions, they failed to provide safe transportation for my four-year-old daughter. The first incident involved a driver allowing an unauthorized man in the car during pickup. The second incident involved my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 24, 2025

First, I think you should find another method of transportation for your child. If they aren't taking your daughter's safety seriously, that's a huge red flag. Second, if you signed a contract with them that promises they will not do these specific things, they've breached that... View More

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3 Answers | Asked in Divorce, Civil Litigation and Family Law for Ohio on
Q: Ex violating divorce decree by withholding bonus payment.

My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More

Nicholas P. Weiss
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answered on Apr 9, 2025

Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.

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2 Answers | Asked in Estate Planning and Civil Litigation for Ohio on
Q: Concerns about undue influence on mother's will after dementia diagnosis.

I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More

Nicholas P. Weiss
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answered on Apr 8, 2025

Will contests are very difficult cases. You will need to consult with an experience probate attorney who can talk you through the elements and your likelihood of success. If she executed a will after her diagnoses of dementia, and gave her assets to her caretaker, that can be prima facie evidence... View More

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2 Answers | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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2 Answers | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

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2 Answers | Asked in Libel & Slander, Civil Rights and Civil Litigation for Ohio on
Q: What is the best defense against a slander lawsuit for whistleblowers in Ohio facing allegations from church pastors?

I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More

Nicholas P. Weiss
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answered on Mar 4, 2025

Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.

The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Family Law for Ohio on
Q: Can my ex sue me for covering an eviction if I was the only one on the lease?

In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More

Nicholas P. Weiss
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answered on Feb 28, 2025

If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.

If the landlord sought money damages against her, then she at least was on a month to month lease...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio on
Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 18, 2025

The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through...
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