Legal Question in Credit and Debt Law in Ohio

I was recently divorced, a very amicable divorce and am on very good terms with my ex. The house is in my possession until it is sold, which I am not required to do within any specific timeframe; but when I do, the proceeds are to be split with my ex-husband (per the divorce decree) who is still listed on the deed.

my ex was recently diagnosed with stage 4 cancer. if he is unable to pay his medical bills, can they try to take the house since he is still listed on the deed (but not the mortgage)?


Asked on 7/19/12, 3:00 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if you a person has real estate in his or her name, then upon a valid judgment from a court of law saying that the person owes a certain amount of money, a lien could be put upon your husband's interest in the house. Further, since a spouse has a duty under Ohio law to support his/her spouse in regards to the necessities of life, the judgment could attach to your portion of the home as well. It is unclear from what you wrote above as to whether or not the divorce is final yet.

But you are best off selling the place. Once your divorce is finalized and the decree of divorce filed, then you will likely be okay with buying another place to live. But I would need to know further details regarding timing of when the health care services were provided and when your divorce decree was filed to say for certain.

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Answered on 7/20/12, 5:07 am


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