In Ohio, what legal rights does a husband have to a home, if lived apart for 2 yrs?
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Is anyone a lawyer or specifically know the legal rights here. I'm helping a friend who is trying to find a lawyer right now. Her husband moved out of state for work 2 yrs ago. She has seen him on & off out there and they still put their money together, etc.. but he has not set foot in the house in 2 yrs. They have been unable to work out problems and are considering divorce. I know typically in Ohio both parties have equal rights to house during course of divorce. He is verbally and possibly physically abusive but nothing to the point she legally can get restraining order. She feels he will move back in just to terrorize her if she files for divorce. Does she have any legal grounds to keep him from the house if he's been living elsewhere for so long? Thanks!
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Answer:
It is true that he is entitled to half the home, but that won't be the primary issue if her safety is at stake. She needs to talk to a divorce attorney about this issue. With him having residence out of state, and with the conflict usually involved with a divorce, the lawyer should be able to get a "no-contact order" from a judge against the husband. In which case he will not be able to move back into the house. But as far as ownership is concerned, she will more than likely have to buy him out if she wants to keep that home of the divorce. Otherwise, she will have to sell the house and split any equity that they have in it.
Mrolendo at Yahoo! Answers Visit the source
Other answers
Nope, he's entitled to it as much as her. It's no different if it was rental property and they were NEVER there. As long as his name is on the deed, it's all half his/half hers
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