And quite frankly the courts do not like to rule under adultery if incompatibility works.
Well, duh! Ya think? But if you had paid attention to OP's post, you'd see she said
her spouse is uncooperative. Under Ohio law, incompatibility can be used as a grounds if alleged by one spouse and
not denied by the other. You didn’t know your state code says the other party has to agree to incompatibility grounds? Hello? He's uncooperative and manipulative. You'd just assume he'd agree to sign off on incompatibility when he won't sign off on the cheaper, easier, faster dissolution? Any attorney would tell her to gather evidence to support the adultery allegations she expressed in her posts here. If she doesn't need it, great. But if he says he will deny the incompatibility grounds and she failed to get evidence of the adultery, then she's back to square one and at his mercy. With evidence, she has leverage to get him to agree to the easier route. If he still refuses, she still has grounds.
However the house is jointly owned by both of them. Hence they have been comingled.
Oh geeze. Please read the passage again. Never mind, I'd better explain it to you. She commingled her separate property (her injury compensation) with the marital property (the house). You'd shout, "commingled! You lost it!" But I found the code section that states (pay attention, here's the part you missed) "...commingling.....
does not destroy the identity of the separate property as separate property, except when the separate property is not traceable." Hence I told her to gather her financial records, so the money trail can be traced and the injury compensation can retain its separate property status.
Which doesn't matter due to the fact that in Ohio the law also requires spouses to support one another. She took that role.
Yes, you just learned that from me. Well, you learned the words but not the meaning. "Spouses" are people who are married to each other. During the marriage they are required to support each other in regard to necessities. That's not the right argument to make concerning division of assets during divorce. It's cute how you are taking my lessons and trying to repeat them but you need to get it right. I also noticed your comments on "possession" in this thread after I taught it to you yesterday.
Money on the girlfriend could qualify as dissipation.
Good girl, you read my words carefully and figured out that's why I asked her the question. I'm seeing improvement!
Me: And be sure to tell them he is no longer contributing.. Ohio law says in a marriage a spouse has a duty to contribute to the support of the other spouse for necessities including housing. So to answer your question, No, he does not "get to live for free as long as he wants."
You: Keep reading. It also states that if one spouse cannot then the other is to step up.
Oh dear! You're backsliding! This is the passage you tried to use regarding dividing assets, and I told you that you learned it from my comments on support during the duration of the marriage. Let's review. She did not say he "could not" contribute, she said he "would not" contribute. Let's hope she gets an attorney who understands that should be brought to the court's attention.
He is a JOINT owner of the property. He is on the deed.
Yes he is. And did you read what Ohio code says about that? When it comes to division of property in a divorce, they don't care if he is or isn't on the deed. The court will look at all the facts and evidence the attorneys present, and divide all the property fairly. A good attorney will argue her tushie off with the reasons a larger portion of that equity should go to her client. A poor one will simply tell her client "he's on the deed, he gets half the value."
And unless the realtor is a LICENSED appraiser it won't count for crap in court.
Again with the reading comprehension problems. *Sigh.* Saying, "get free appraisals to get an idea of the value, and don't spend the money unless/until you have to" is not synonymous with "take a free realtor appraisal to court." She doesn't have much money. She can get an idea of the house value right now for free. This will aid her when talking to an attorney and deciding the course of action. The official appraisal can be done later when it's necessary.
I also am aware of how judges in Ohio rule.
Well, sure, if you start off with a conclusory attitude that your own client has no case, instead of vigorously advocating for them, what do you expect your judges to do? If you misinterpret your own code to mean assets are split 50-50 in all circumstances, and that’s what you ask for, that’s what you’ll get. I see I’m going to need a “duh” emoticon.
Last but not least:
you better shut your mouth
How professional! Did you do the head roll and finger snap when you typed that? I realize you’re embarrassed, but you bring it on yourself. I wouldn’t have to correct you if you didn’t try to erroneously correct me. I could almost hear the pity-pat of your Mary Janes as you scurried up to my post to proclaim your superiority because you reside in Ohio. That’s why I bothered to post snippets of Ohio code to support my statements. Your actions were anticipated. It’s tedious having to explain everything to you twice, and disruptive to the thread, but I do understand exactly what you're up to.
