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ClevelandJoe · Jul 30, 2008, 09:23 AM

I want to buy a weekend getaway home. My marriage is very shaky now, and my wife – who does not work – will take me for all I’m worth if we divorce (without any consideration that it was my money that made the purchase of our first, current home possible). I put her 4 children (from previous marriage) through private school, and we now have a teen between us. I don’t know if I will have to pay alimony. I’m fine with paying child support, even through the nose. But I feel like I have done more than my share financially through the years (virtually no child support from her first husband), and she is in fact able to work should she need to. HOW CAN I BUY A 2ND HOME ONLY IN MY NAME, to help balance out the scales if she takes me to the cleaners? I’m not being greedy, just trying to protect myself from someone who might just be using me… I don’t want to wait until after a divorce – it could drag out a long time, or start as a trial separation.

twinkiedooter · Jul 30, 2008, 09:42 AM

You can purchase the home on your own and have only your name on the deed. It's done all the time.

Fr_Chuck · Jul 30, 2008, 12:56 PM

While you can buy it under your own name, in the divorce, depending on the state, she can still ask the court to consider it as property for division, Best to wait to latter to get a new house

twinkiedooter · Jul 30, 2008, 02:45 PM

Chuck pointed out a very important factor - what state. You could do this in some states and not have to share with her and in other states you would have to share. Check with your attorney on this purchase to be sure you can do this without her horning in on your getaway home. Or you could put the home in the name of one of your children (if you wish) until after the divorce. Depends if it is financed or not, then you couldn't do that option.

arvilee · Jul 30, 2008, 04:25 PM

State of Ohio has dower rights. I'm dealing with this with my 84 year old father with a recent marriage. He has really messed himself and his new wife up in now being unable to qualify for medicare.

In the state of Ohio dower rights entitle the spouse to 30% of all income (or possible income) from any real estate for life. Doesn't matter who's name is on the property or if a mortgage or if you owned it prior to marriage or inherited it.

i.e. in my Dad's case each of them ownedd their own home free and clear prior to marriage. After marriage they moved into his house. He will die before she does. They both recorded new deeds showing right of survivor ship to their own children on their death just prior to the marriage believing that would leave the houses clear to the kids.

Dower rights disappear with death. My father will most likely die first. Which means that his right to income from her property dies with him and she will own her house clear to do with as she likes. He can't leave that right to us as part of his will.

His house on the other hand instead of passing to my bother and I as intended now gets tied up. If she doesn't agree to sign a quit claim deed, which to release dower rights can only be signed if the property is being transferred, then either we will have to rent the house until her death and give her 30% of the rental income or buy her out.

Same goes for divorce. I owned property prior to my second marriage. His name was never put on the deed and I couldn't sell it with a clear title without his signing a quit claim deed.

Prior to my divorce becoming final I wanted to purchase a new home and the banks would not lend me money because he would have had dower rights in the new property.

Only way around this is to form a trust or other form of legal entity to buy the property.
In the state of Ohio you don't have to identify who the owners of the corporation are. Or even go to vegas and do it from another state. Talk to an attorney on this one-can't give you enough details to be useful.

Dower rights do not cover anything but real estate. If you owned a car prior to marriage it is still yours. Bank accounts/other liquid assets which are not joint belong to the owner unless the other party can prove that they significantly contributed. Anything you inherited is yours. Anything that was gifted is yours.