I’m sorry I didn’t clarify in its entirety. I and my wife are on the deed. Ironically however, I am on the mortgage, and in order to be approved for the mortgage, my wife’s grandmother as well. My wife vacated the residence in a few years ago. A divorce lawyer I saw last November 2009 did say my wife could not just walk out on the responsibility of the house and is still responsible for half the mortgage payments.
1) Is she also responsible for the maintenance of upkeep of that mutually beneficial asset (ie as member “nextwife” commented on 1/28) as well as utilities to maintain the property from which she will derive benefits of its sale?
Thanks a Million,
McClint
If her name is not on the mortgage, she has no legal obligation to the bank. You and her grandmother do.
As for whether she owes YOU the money, you could TRY, but don't count on it. You live there and she doesn't. If the attorney gave you a flat statement that she's responsible for half, I'd suggest consulting with a different attorney. More likely, the attorney didn't get all the facts.
Nextwife is correct that either or both of you could be responsible if the house is neglected, but in practice, you're the one living there so it's really up to you. If you moved out, as well, your argument that she should pay some of the cost would be stronger. But it's not an issue I'd want to fight. Most likely, the court would say that you were living there so you should pay the utilities.
As for the home equity? You're married and her name is on the deed. There's nothing in any state law that I know of which requires a person to live in the house to be entitled to their share of the equity. She is entitled to 50% of the marital equity - whether she lives there and contributes to the mortgage or not. In your state, the law specifies that marital equity must be divided equally UNLESS you can prove that this is unfair. That will be hard to do and probably not worth the trouble - the equity of the home has probably not gone up much in the last few years (since she moved out), so even if you could prove that you are entitled to 100% of the marital equity accrued since she moved it, it may not be enough to cover the cost of doing so.
Ohio Property Division FAQ's — DivorceNet