Difference b/t separation & Divorce in Ohio

[rahrahgobg]

What is the name of your state? OHIO

I have a Brother-in-law who lives in Ohio. He got married in July 2005 to a woman who had 2 children that were 8 & 10 at the time (not his). This is her 2nd marriage. I believe about 6 months ago he called and told my husband that his wife threatened him that if he ever divorced her she would go to social services and tell them he was molesting her daughter who is now 12 or 13.

She had a house in her name when they married. She decided she wanted to move to another area and she bought a house. It is in her name, as is the mortgage. The mortgage is not in his name.

2 weeks ago she told him to leave that she didn't want to be with him anymore. She is telling him she wants a separation, not a divorce. I know he has a few cars - maybe 4 or 5. He doesn't really have any assets at all. Apparently he has signed over a few of the cars in her name in these last few weeks, so I think she is blackmailing him with the molestation threat.

What can he do about this molestation threat? Is he just stuck b/t a rock and a hard place? If it isn't true, I'm sure his wife could manipulate her daughter to lie for her. So I don't know what he can do about this.

She told him she wants a separation and not a divorce. What benefits would this give her - having a separation vs. a divorce. I personally think he should cut all ties to her.

She has apparently socked away $7,000 of his money into her 'divorce account'. I don't know where it is, but can he get access to this money before she spends it all? What would he have to do? I'm sure the account is in her name. She doesn't work and hasn't worked for over 1 year.

Since the house is in her name, as well as the mortgage, does he incur any portion of that debt since it was obtained while they were married?

Any information would be greatly appreciated. Thanks so much!

Vicki

[LdiJ]

Your brother in law needs to get away from that toxic relationship as fast and as far as he can.

He would have no responsibility towards the house. He would be entitled to 1/2 of the equity that accrued during the marriage, however, I doubt that much, if any equity has accrued in such a short time, particularly with today's housing market.

[Ohiogal]

I agree with LD. He needs to get away. Separation means he could provide her with health insurance for her and the kids as they would nto be divorced. Other than that he and she would pretty much be completely divorced except for being able to remarry. He should not settle for a separation.