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Eric Richard Laubacher

Eric Laubacher’s Answers

5 total

  • We lost our house to a fire in January. We have $50k equity in the home. I just found out my husband went out and bought a house

    We lost our house to a fire in January. We have $50k equity in the home. I just found out my husband went out and bought a house without my knowledge and wants half the equity to use as a downpayment and said he is taking a large sum of money out ...

    Eric’s Answer

    The short answer is yes. You need to file for divorce as soon as possible and talk to an experienced attorney about filing restraining orders to keep him from removing money from these accounts without the court having the opportunity to sort things out. The key here is to get an experience attorney that understands restraining orders in your jurisdiction.
    Good luck

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  • My husband bought a home before we were married...we are now separated and he wants to refinance...he is asking me to sign a qui

    He is asking me to sign a quick claim deed why is this necessary when I was never put on the deed

    Eric’s Answer

    Property, be it separate or marital property, does not change as to the type of property it is simply because it is titled differently. However, you should speak to an experienced family law attorney to be sure that there is not a marital component in any equity that the house may have. For example, your attorney may be able to make the argument that some of the equity in the property is marital due to the fact that marital funds were used to make payments or improvements to the property and you may be entitled to a portion of that marital equity.

    If your husband is now trying to refinance the property in order to remove equity, he may be able to convert equity that is now in the house into cash that may be hard to find the later.

    I don't think you should sign any quitclaim deeds prior to speaking to a good, local domestic relations attorney.

    Good luck

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    Eric’s Answer

    Discovery is the process that is used by people in court cases to receive information from the other party in the case. The basic rule in discovery is that a party can ask for any information that is reasonably calculated to lead to relevant information. Therefore, if your Ex or their attorney is able to make a good argument that the credit card statements are relevant information or the statements will lead them to relevant information, they should be able to request the information.

    This is different than being able to introduce the information in a formal court hearing. There are many more rules that must be followed if they want to introduce that information to the court so that a hearing officer can be made aware of that information.

    As always, I suggest that you speak with an experienced attorney in your area that can help guide you through the difficult task of trying to gain custody of your child.

    Good Luck

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  • My ex wife is taking me to court for failure to pay medical expenses, what recourse do I have

    I pay $1400 between child support and alimony. I have not had the money to contribute. It does say in our decree to split medical expenses.

    Eric’s Answer

    The first bit of advice that I would offer is to read your Judgment Entry, Parenting Plan and Separation Agreement very carefully. These are court orders, and therefore you are obligated to comply with all of the requirements set out in these documents. That being said, if you are required to pay medical expenses your ex-wife must give you adequate documentation of the expenses ACTUALLY owed. This means not only what the medical provider charged but whether or not those expenses were paid by her, by insurance, or even submitting to insurance. Your ex-wife is required to give you all of the pertinent information. You certainly don't want to pay money to your ex-wife when the bill or a significant portion of it was already paid by insurance or should have been paid by insurance.

    Additionally,the Court always maintains jurisdiction to modify child support and other components of child support in the case of a change in circumstance related to income and some other factors that affect child support. Therefore, if your circumstances have changed significantly from the time the child support was calculated you may be entitled to a recalculation of that support order.

    As always, I suggest that you talk to an experienced Domestic Relations practitioner who can help you. You may even find that using an attorney in cases such as this can save you money in the long run.

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  • Is my property considered mutual property automatically after marriage under Ohio law?

    If not automatically mutual property, where do we need to put that in writing? Do we need prenups for that?

    Eric’s Answer

    In virtually all cases, property that you brought into the marriage will remain your separate property if you can prove that it was yours prior to the marriage. However you should talk to an experienced domestic relations attorney for a more detailed answer based upon your specific situation.

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