Are people divorcing in Ohio required to liquidate all assets such as a rental property?

Full question:

Our landlords have started filing for divorce. The current lease will be up in a month. We want to ask the landlords to mutually sign for an extended lease of one year. But, given the circumstances and the fact we feel our landlords are under financial hardship right now, could the extended year lease by terminated at any time based on a hardship clause derived from bankruptcy, divorce or any other reason deemed suitable by the courts settling the divorce claim? Are people divorcing in Ohio required to liquidate all assets such as a rental property?

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: National

Answer:

Because the landlords are receiving the income from the property, this is not the type of debt that is discharged in bankruptcy. It is more likely that a loan against the property would be dealt with through the bankruptcy process. Ohio is an equitable distribution state, meaning that in a divorce, the property will be divided under principles of fairness. Liquidation of all assets isn't required, but it is possible that an item may be sold to satisfy the amount owed to the other spouse.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A renewal clause in a lease agreement allows the tenant to extend the lease for an additional term under specified conditions. For example, a clause might state that the tenant can renew the lease for another year at the same rent if they provide written notice to the landlord at least 30 days before the lease expires.