buying real estate without spousal notification or consent

[paydembills]

What is the name of your state? Ohio

I live in Ohio and wish to purchase out of state vacation property. Problem is, my husband disagrees. He is mentally ill but not sufficiently so to qualify for guardianship according to his psychiatrist. I own our home, purchased before the marriage. I want to buy a few acres of vacation retreat where I can camp, etc. and he hates the outdoors so won't agree. What states permit a married woman to purchase real estate with her own money (he has been unemployed for a decade and can't work) without spousal notification/consent? Thanks

[nextwife]

ARe you using premarital funds? If so, go ahead.

[PinkEsPanda]

What about divorcing him. I think you will keep the house since it was bought before marriage.... Just a thought, not sure of all legal consequences.

[BelizeBreeze]

Originally Posted by paydembills

What is the name of your state? Ohio

I live in Ohio and wish to purchase out of state vacation property. Problem is, my husband disagrees. He is mentally ill but not sufficiently so to qualify for guardianship according to his psychiatrist. I own our home, purchased before the marriage. I want to buy a few acres of vacation retreat where I can camp, etc. and he hates the outdoors so won't agree. What states permit a married woman to purchase real estate with her own money (he has been unemployed for a decade and can't work) without spousal notification/consent? Thanks

This is not a matter of law. ALL 50 states 'allow' such. However, the mortgage company is the one that you have to convice and even if the funds used are non-marital property, you may have to prove the property is free from marital control.

You simply have not given enough facts to give a valid opinion.

[paydembills]

Thanks all for your helpful input. No, I won't be divorcing him. And I won't need a mortgage, will pay cash. But the comment about premarital funds has me wondering. I'm the sole wage earner for the last decade. He never brought much financially to the marriage; started a small business and it failed leaving tons of unpaid debt that he's just ignored; then he became mentally ill. Is there some reason that I can't use what after all is my own salary to aquire real estate? I assume that the question whether he has some right to my salary (since I support him) would only come up if I divorced him or otherwise made him dependent on the state (e.g., stopped providing for him and he went on welfare). Do tell me that its perfectly legal for me to buy real estate with my own earnings. I need a break and somewhere to take it!

[BelizeBreeze]

Originally Posted by paydembills

Thanks all for your helpful input. No, I won't be divorcing him. And I won't need a mortgage, will pay cash. But the comment about premarital funds has me wondering. I'm the sole wage earner for the last decade. He never brought much financially to the marriage; started a small business and it failed leaving tons of unpaid debt that he's just ignored; then he became mentally ill. Is there some reason that I can't use what after all is my own salary to aquire real estate? I assume that the question whether he has some right to my salary (since I support him) would only come up if I divorced him or otherwise made him dependent on the state (e.g., stopped providing for him and he went on welfare). Do tell me that its perfectly legal for me to buy real estate with my own earnings. I need a break and somewhere to take it!

Actually, you are operating on a false sense of marital property. It's not YOUR salary but marital salary. In this case, you might find a piece of property and pay cash, but it will become a marital asset.

So don't do it. or be prepared to share.

[Ohiogal]

Originally Posted by PinkEsPanda

What about divorcing him. I think you will keep the house since it was bought before marriage.... Just a thought, not sure of all legal consequences.

And not necessarily a good thought.

[lcannister]

Is there a huge insurance policy here or something?

[CPM-candy]

While everything that has been said is true (you're kinda stuck because it's proveable that at some point his income may have been in a joint account and the money in that joint account paid the mortgage, taxes and utilites which created and may continue to create (if his name is still on your account) vested interest in YOUR property), I think the best way for you to get around the bush is to go it alone...get yourself a corporation (yes, it's costly, but I'm sure you have what it takes to pay for it + it pays for itself in the benefits) and buy whatever you want under it!!! And while you're at it transfer your current home to that new corporation of yours so that you're clear & safe come the day your ill husband becomes legally mentally ill and you run into trouble clearing him from your funds. It sounds mean, but you gotta do what you need to protect yourself from a very sticky situation in the future. Mental illness is tricky and unpredictable...be prepared!

[moburkes]

Originally Posted by CPM-candy

While everything that has been said is true (you're kinda stuck because it's proveable that at some point his income may have been in a joint account and the money in that joint account paid the mortgage, taxes and utilites which created and may continue to create (if his name is still on your account) vested interest in YOUR property), I think the best way for you to get around the bush is to go it alone...get yourself a corporation (yes, it's costly, but I'm sure you have what it takes to pay for it + it pays for itself in the benefits) and buy whatever you want under it!!! And while you're at it transfer your current home to that new corporation of yours so that you're clear & safe come the day your ill husband becomes legally mentally ill and you run into trouble clearing him from your funds. It sounds mean, but you gotta do what you need to protect yourself from a very sticky situation in the future. Mental illness is tricky and unpredictable...be prepared!

Great. Giving legal advice which could potentially lead to FRAUD charges.

[PinkEsPanda]

Wouldn't a corporation formed during a legal marriage be equally owned by both partners?

that's why i suggested divorce. Not in the sense of ending a relationship, but in the sense of legal financial separation. You can still be his guardian in the event that he becomes ill enough to require a guardian.

[moburkes]

Originally Posted by PinkEsPanda

Wouldn't a corporation formed during a legal marriage be equally owned by both partners?

that's why i suggested divorce. Not in the sense of ending a relationship, but in the sense of legal financial separation. You can still be his guardian in the event that he becomes ill enough to require a guardian.

Oh, so that's not FRAUD either?

[CPM-candy]

Ok, Fraud? Any kind of loop can then be considered fraud. Being self-employed and getting a corp. so that you can pay less taxes is a loop, but it's legal. Going "stated income" on a home loan is a loop, but is legal. Being able to pay your under age kid for taking your business messages at home and deduct that pay at tax time is a loop, but it's legal. Being able to write off 75% of your meal just for saying "How's business?" is a loop, but it's legal.

Loops exist to be taken advantage of when they are needed and to make life easier.

I'm not saying that what I said is 100% legal, because I don't know 100%.

Girl, all I know is that you can't just sit there and cry about it (now or later when you're in a big unsolveable mess). I just know that if I started a company or my own business (from scratch or selling a product like Tupperware, Princess House, Pampered Chef or Cookie Lee (it can be part-time)) I can go get my OWN corp. without my husband because it has nothing to do with him.

At least you now have several ideas from several people to go over with a really good, expensive lawyer (tried & true: you get what you pay for) to find the best, most appropriate LEGAL LOOP for you to help you. Don't procrastinate.

[Gadfly]

Still, maybe a business of which you are the sole prop. which may qualify for tax credits as a minority (female) owned business and my qualify for special loans set up as a REIT may be the direction to go. Don't know your state, but a local advisor may be able to help you make this all legal and protect yourself from what may happen down the road.