Dower rights

[newstart18]

Hello, I have a question about dower rights. I live in Ohio. I have a friend who is filing for divorce, from her husband who will not be a willing partner in the divorce. He has a record of domestic violence, alcoholism, is terminally unemployed, etc. She owns two rental properties that are in her name only, that she owned and had sole title to prior to her marriage. She has a good deal of debt, including being behind on property taxes on the better of her two properties. She would like to sell the lesser of the two properties to get funds to pay back taxes on the 2nd property, and pay her attorney for the divorce. She was told that she cannot sell this property without her husband signing away his dower rights. My thinking is that since she owned this property prior to her marriage (with no mortgage or other liens attached) in her name only, and it has remained in her name only, she does not need to have her husband sign away dower rights, because none exist. Her husband will definitely not sign, as he will fight against the divorce and be completely uncooperative. The question is - does she need to have him sign away dower rights? Thanks in advance.

 

[Just Blue]

Hello, I have a question about dower rights. I live in Ohio. I have a friend who is filing for divorce, from her husband who will not be a willing partner in the divorce. He has a record of domestic violence, alcoholism, is terminally unemployed, etc. She owns two rental properties that are in her name only, that she owned and had sole title to prior to her marriage. She has a good deal of debt, including being behind on property taxes on the better of her two properties. She would like to sell the lesser of the two properties to get funds to pay back taxes on the 2nd property, and pay her attorney for the divorce. She was told that she cannot sell this property without her husband signing away his dower rights. My thinking is that since she owned this property prior to her marriage (with no mortgage or other liens attached) in her name only, and it has remained in her name only, she does not need to have her husband sign away dower rights, because none exist. Her husband will definitely not sign, as he will fight against the divorce and be completely uncooperative. The question is - does she need to have him sign away dower rights? Thanks in advance.

Your friend should post for herself.

Px Hx folks.

 

[newstart18]

Your friend should post for herself.

Px Hx folks.

Maybe she's not familiar with this forum, and I am. I've now wasted as much time with my reply to your inane comment as you did posting it. Thanks.

 

[Just Blue]

Maybe she's not familiar with this forum, and I am. I've now wasted as much time with my reply to your inane comment as you did posting it. Thanks.

All righty then.

 

[Ohiogal]

Maybe she's not familiar with this forum, and I am. I've now wasted as much time with my reply to your inane comment as you did posting it. Thanks.

Quite simply hubby does have dower rights. Now quit being a rude jerk. And unless your friend is a complete idiot, she can get here. If she is a complete idiot, that explains why she would be friends with you.

 

[LdiJ]

Quite simply hubby does have dower rights. Now quit being a rude jerk. And unless your friend is a complete idiot, she can get here. If she is a complete idiot, that explains why she would be friends with you.

To a premarital asset? I am not asking in context of a divorce but in context of a real estate sale. That seems a little odd.

 

[newstart18]

Quite simply hubby does have dower rights. Now quit being a rude jerk. And unless your friend is a complete idiot, she can get here. If she is a complete idiot, that explains why she would be friends with you.

''
Wow. I asked a straightforward and legitimate question in a very respectful way, and the first response I get is "maybe your friend should post for herself." That response, ma'am, is a pointless slap and is no help. I let the person who replied know that. Then you jump in, and start calling people you know nothing about jerks and idiots. Very classy, gal. I posted because I used this site about 10 years ago, when the "experts" here were actually helpful. Apparently high school legal class has taken over. It's clear now that the site has devolved into an audition for sarcastic comedy and insults.

 

[Silverplum]

''
Wow. I asked a straightforward and legitimate question in a very respectful way, and the first response I get is "maybe your friend should post for herself." That response, ma'am, is a pointless slap and is no help. I let the person who replied know that. Then you jump in, and start calling people you know nothing about jerks and idiots. Very classy, gal. I posted because I used this site about 10 years ago, when the "experts" here were actually helpful. Apparently high school legal class has taken over. It's clear now that the site has devolved into an audition for sarcastic comedy and insults.

We don't care for 3rd party postings: the involved party should post for herself. Simple and easy. No need to weep and gnash one's busybody teeth.

 

[stealth2]

Maybe she's not familiar with this forum, and I am. I've now wasted as much time with my reply to your inane comment as you did posting it. Thanks.

You could acquaint her with it, or give her the name of good divorce lawyer. (note - the latter is what she needs.)

 

[Ohiogal]

To a premarital asset? I am not asking in context of a divorce but in context of a real estate sale. That seems a little odd.

She is married. Husband has a dower right in any of the equity accrued during the marriage if ANY marital income (rental income or what not) was put back into the house. Hence many title companies are going to INSIST on husband's signature.

 

[Ohiogal]

''
Wow. I asked a straightforward and legitimate question in a very respectful way, and the first response I get is "maybe your friend should post for herself." That response, ma'am, is a pointless slap and is no help. I let the person who replied know that. Then you jump in, and start calling people you know nothing about jerks and idiots. Very classy, gal. I posted because I used this site about 10 years ago, when the "experts" here were actually helpful. Apparently high school legal class has taken over. It's clear now that the site has devolved into an audition for sarcastic comedy and insults.

You are the one who became rude and disrespectful. You treat people that way, you will get it back. And I am an attorney in Ohio so I know of what I speak when it comes to this issue. Again, go pay for your information. And how is your druggie son and thieving daughter?

 

[Just Blue]

You are the one who became rude and disrespectful. You treat people that way, you will get it back. And I am an attorney in Ohio so I know of what I speak when it comes to this issue. Again, go pay for your information. And how is your druggie son and thieving daughter?

Ahh...Someone read the OPs Px Hx!!

 

[rooms222]

Yes, it happened to me in MI. The mortgage company will insist on signing the rights away, even if the property and mortgage are in the other spouse's name completely and were entirely separately paid for. The fact that they are married is what matters. In Michigan, however, dower rights are one-sided and only accrue to the female party. If the 6th Circuit ever gets gay marriage, it will be interesting to see how this law gets adapted/revised to that situation.

Michigan appears to be the only one-sided state: http://www.law.msu.edu/king/2009-2010/Leiby.pdf