Marital Agreements

1). Is there a way that I may be able to by a house, or land separate from my spouse without her being on the deed? Or haveing any claim to the real property should we separate?
2). How will lender's view this? and can it be done?

Need A State... so the laws can be researched..
But can pretty much tell you that it wont fly...
Reason being, most promissory notes that are signed for real estate purchases require you to list spouses, or anybody that would legally have claim to any property you would own, which obviously a spouse would be able to do.

[MySonsMom]

Normally if both people contribute to the household/expenses of the home; both are entitled to it in the end.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Invisible Blonde:
[b]Need A State... so the laws can be researched..
But can pretty much tell you that it wont fly...
Reason being, most promissory notes that are signed for real estate purchases require you to list spouses, or anybody that would legally have claim to any property you would own, which obviously a spouse would be able to do.[/b]<HR></BLOCKQUOTE>

Ohio:I have moved out of the household which is soley in my spouse's name. The process of reconcilliation has all but come to a end. I am living with a parent and wish to have a place of my own. I do not want to rent-but to own. My spouse will not let me come home but does not want a Divorce either. Would a release of dower do the job?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Invisible Blonde:
[b]Need A State... so the laws can be researched..
But can pretty much tell you that it wont fly...
Reason being, most promissory notes that are signed for real estate purchases require you to list spouses, or anybody that would legally have claim to any property you would own, which obviously a spouse would be able to do.[/b]<HR></BLOCKQUOTE>

Ohio:I have moved out of the household which is soley in my spouse's name. The process of reconcilliation has all but come to a end. I am living with a parent and wish to have a place of my own. I do not want to rent-but to own. My spouse will not let me come home but does not want a Divorce either. Would a release of dower do the job?

Ohio:I have moved out of the household which is soley in my spouse's name. The process of reconcilliation has all but come to a end. I am living with a parent and wish to have a place of my own. I do not want to rent-but to own. My spouse will not let me come home but does not want a Divorce either. Would a release of dower do the job?

[MySonsMom]

If the 2 of you are no longer together, I would suggest getting a legal separation. From the date they are filed, finances are kept separate until the divorce. Good luck!

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DJG:
[b]Ohio:I have moved out of the household which is soley in my spouse's name. The process of reconcilliation has all but come to a end. I am living with a parent and wish to have a place of my own. I do not want to rent-but to own. My spouse will not let me come home but does not want a Divorce either. Would a release of dower do the job?

[/b]<HR></BLOCKQUOTE>
Looks like you can purchase, sell/dispose of property in OH without spousal consent.

§ 3103.07 Property.
Text of Statute


A married person may take, hold, and dispose of property, real or personal, the same as if unmarried.

History

HISTORY: RS § 3114; 84 v 132, § 133; GC § 8002-7; 124 v 178; Bureau of Code Revision. Eff 10-1-53.


§ 3103.05 Contracts.
Text of Statute


A husband or wife may enter into any engagement or transaction with the other, or with any other person, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other.

History

HISTORY: RS § 3112; 84 v 132; GC § 8002-5; 124 v 178; Bureau of Code Revision. Eff 10-1-53.

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But the spouse could be allowed part of the proceeds as specified below:


§ 1313.29 Dower right of spouse.
Text of Statute


When real property is to be sold as provided in sections 1313.21 to 1313.31, inclusive, of the Revised Code, the husband or wife of the assignor may be made a party, and file an answer in the probate court to have such real property sold free of his or her contingent right of dower and to allow him or her in lieu thereof, out of the proceeds of the sale, such sum of money as the court deems the just and reasonable value of the dower interest therein. Such answer has the force and effect, in all respects, of a deed releasing such contingent dower interest in such real property.

History

HISTORY: RS § 6350f; 88 v 182; 91 v 35; GC § 11123; Bureau of Code Revision. Eff 10-1-53.

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My I suggest that you read this whole Chapter on Divorce so that if a time comes that one or the other does file, you will know what the consequences of this purchase could entail?
[url="http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2031&GRDescription3=%20&TextField=CHAPTER%203105%3A%20DIVORCE%2C%2"]http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2031&GRDescription3=%20&TextField=CHAPTER%203105%3A%20DIVORCE%2C%2[/url] 0ALIMONY%2C%20ANNULMENT%2C%3CCR%3EDISSOLUTION%20OF%20MARRIAGE&GRStructure1=3105&GRStructure2=%20

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DJG:
[b]Ohio:I have moved out of the household which is soley in my spouse's name. The process of reconcilliation has all but come to a end. I am living with a parent and wish to have a place of my own. I do not want to rent-but to own. My spouse will not let me come home but does not want a Divorce either. Would a release of dower do the job?

[/b]<HR></BLOCKQUOTE>
Looks like you can purchase, sell/dispose of property in OH without spousal consent.

§ 3103.07 Property.
Text of Statute


A married person may take, hold, and dispose of property, real or personal, the same as if unmarried.

History

HISTORY: RS § 3114; 84 v 132, § 133; GC § 8002-7; 124 v 178; Bureau of Code Revision. Eff 10-1-53.


§ 3103.05 Contracts.
Text of Statute


A husband or wife may enter into any engagement or transaction with the other, or with any other person, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other.

History

HISTORY: RS § 3112; 84 v 132; GC § 8002-5; 124 v 178; Bureau of Code Revision. Eff 10-1-53.

--------------------------------------------------------------------------------
But the spouse could be allowed part of the proceeds as specified below:


§ 1313.29 Dower right of spouse.
Text of Statute


When real property is to be sold as provided in sections 1313.21 to 1313.31, inclusive, of the Revised Code, the husband or wife of the assignor may be made a party, and file an answer in the probate court to have such real property sold free of his or her contingent right of dower and to allow him or her in lieu thereof, out of the proceeds of the sale, such sum of money as the court deems the just and reasonable value of the dower interest therein. Such answer has the force and effect, in all respects, of a deed releasing such contingent dower interest in such real property.

History

HISTORY: RS § 6350f; 88 v 182; 91 v 35; GC § 11123; Bureau of Code Revision. Eff 10-1-53.

--------------------------------------------------------------------------------

My I suggest that you read this whole Chapter on Divorce so that if a time comes that one or the other does file, you will know what the consequences of this purchase could entail?
[url="http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2031&GRDescription3=%20&TextField=CHAPTER%203105%3A%20DIVORCE%2C%2"]http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2031&GRDescription3=%20&TextField=CHAPTER%203105%3A%20DIVORCE%2C%2[/url] 0ALIMONY%2C%20ANNULMENT%2C%3CCR%3EDISSOLUTION%20OF%20MARRIAGE&GRStructure1=3105&GRStructure2=%20