Legal Separation & Purchasing New Property

[pealutbubba]

What is the name of your state (only U.S. law)?

Ohio.


It would be so helpful if I could get an answer to this question:

My boyfriend is legally separated. He already has a settlement agreement from his ex. However, he is about to close on a new house at the end of this month. He is waiting to file for divorce after the closing. He told me that there is no way to prevent his ex from showing up on the title/deed of the house even though they are legally separated because the divorce is not final. Is this true? He said he would have to get her to sign a quit claim, because of dowry rights? From what I have researched, I thought the dowry rights only had to due with the sale of the house, not purchasing. Is there no way he can purchase the new house with only his name on the title/deed?

Thanks so much.

 

[seniorjudge]

It depends on what the separation agreement says.

Sometimes they allow people to buy land without the other spouse having an interest.

 

[John Se]

sole and seperate property

deed reads " joe blow a married man as his sole and seperate property"

spouse will have to sign off probably in a quit claim deed

 

[pealutbubba]

Thanks for the responses.

I believe the separation agreement already states all the facts like you cannot occur debt on the other person, etc... however, he was told that ohio is a dower state, so that in ohio, unless you are legally divorced, even after a separation agreement is in place, she will still have dowry rights in the new property purchased. I think his name will be the only one on the mortgage, but apparently he was told her name has to be on the title of the house. I keep thinking there is no way that has to be if they are already legally separated with the separation agreement, etc ... just wondering if there is any chance of this resurfacing in the future if she does NOT sign the quit claim

 

[HomeGuru]

Thanks for the responses.

I believe the separation agreement already states all the facts like you cannot occur debt on the other person, etc... however, he was told that ohio is a dower state, so that in ohio, unless you are legally divorced, even after a separation agreement is in place, she will still have dowry rights in the new property purchased. I think his name will be the only one on the mortgage, but apparently he was told her name has to be on the title of the house. I keep thinking there is no way that has to be if they are already legally separated with the separation agreement, etc ... just wondering if there is any chance of this resurfacing in the future if she does NOT sign the quit claim

**A: you basically answered your own question. And the answer is yes, fi she does not sign the QCD, she can in the future invoke her claim. Search dower and curtsey rights.