Couples who are attempting to split their marital home as part of an Ohio divorce may have different hurdles to clear when doing so. If the couple has not legally separated or gotten a divorce, it may not be possible for one party to get a new home without the other consenting to it. This is because both spouses have a right to any joint property as long as the marriage is still in effect.
If one spouse wishes to buy a new property, it may be a good idea to have the other spouse sign a quitclaim deed, which is a document stating that the other spouse has no claim or interest in the property going forward. One other issue to consider for those who are trying to divide a property is that both parties may be responsible for the current marital property even after a divorce. In some cases, the lender will consider all property to be joint property until the divorce becomes official.
This is because both names will be on the mortgage unless the party who gets the house refinances or sells the home. Additionally, the home loan may still appear on the credit reports of both spouses. Having the loan appear on a credit report could make it difficult for the spouse who doesn't get the house to obtain a new home loan.
Consulting with a family law attorney may be a good idea when trying to divide property such as a home in a divorce. An attorney may be able to help finalize the divorce quickly and in a manner that may allow each side to move forward.
Source: Credit.com, "How to Divide Your House in a Divorce", December 01, 2014