QUESTION

Property Owned Before Marriage

Asked on Jun 28th, 2021 on Wills and Probate - Ohio
More details to this question:
I owned my home for 5 years prior to marriage and made multiple renovations and additions to the home with my own money. A month before the marriage I refinanced the home and put my wife on the title. We have only been married for less then a year, so everything in the home is mine. Would she still get half of the home even though we do not share joint bank accounts, I've made every payment on the mortgage, and paid for all additions?
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1 ANSWER

Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH at Legacy Law Firm, LLC
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When you say would she get the home, do you mean if you pass away?  Since this is posted under Wills and Probate, I will answer with those facts.  In short, it depends on what the title says.  If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away.  If she is on the deed and there are no survivorship rights, then she owns her 1/2 interest in the property and the other half is subject to your probate estate.  Note that surviving spouses have additional rights here in Ohio, so she may still be able to obtain full ownership in the property depending on the entirety of the circumstances.  Section 2106.10 of the Ohio Revised Code, e.g. I recommend consulting with an estate planning attorney to ensure youe estate is set up properly and your assets will pass the way you wish. Best of luck.  
Answered on Jun 28th, 2021 at 7:43 AM

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