What forms do I need to file a dissolution in Ohio?

Termination of Marriage Handbook from Franklin County Clerk of Courts. Affidavit - Income & Expenses (UODRF) PDF. Affidavit - Income & Expenses (UODRF) WORD. Affidavit - Property (UODRF) PDF. Affidavit - Property (UODRF) WORD. Findings of Fact - Property PDF.

What papers do I need for a dissolution in Ohio?

Termination of Marriage Handbook from Franklin County Clerk of Courts. Affidavit - Income & Expenses (UODRF) PDF. Affidavit - Income & Expenses (UODRF) WORD. Affidavit - Property (UODRF) PDF. Affidavit - Property (UODRF) WORD. Findings of Fact - Property PDF.

How do I file for a dissolution in Ohio?

How Do I File for Dissolution in Ohio? The first step in the dissolution process is for the spouses to file a joint petition with the court. With the request, you'll also include requesting that the court review and approve the agreement that you and your spouse created.

How do you fill out an affidavit?

Affidavits for proof of income are legal documents which are used to declare your family's income.If the deponent makes any false or untrue statements in the affidavit, he/she can be charged guilty of perjury and contempt of court.

US Legal Forms
Ohio Affidavit of Payment in Full - Individual

Ohio Affidavit of Payment in Full - Individual

Category:

Liens - Construction - Mechanics

State:

Ohio

Control #:

OH-06-09

Format:

Instant download

Understanding this form

The Affidavit of Payment in Full for Individuals is a legal document used by property owners, part-owners, or lessees to formally declare that they have fully paid for a home construction or home purchase contract. This affidavit is filed with the county recorder and serves to prevent any mechanics' liens from being filed against the property by contractors, subcontractors, or laborers. It specifically addresses the completion of payments before any notice of a mechanics' lien is received, ensuring clarity in ownership and payment status.

Key components of this form

Affiant's details: Name and address of the individual making the affidavit.
Owner's details: Name of the property owner, part-owner, or lessee.
Contractor's information: Name of the original contractor and the related contract amount.
Property description: Address of the property involved in the contract.
Date of payment: Confirmation of when the payment was made in full.
Notary acknowledgment section: Space for a notary public to verify the signature.

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When to use this document

This affidavit should be used when a homeowner wants to confirm that they have made full payment for construction or purchase services for their property. It is particularly important to file this document before receiving any notification of a mechanics' lien, as it legally protects the homeowner's interests by preventing potential claims against the property for unpaid services.

Who needs this form

Homeowners who have completed their payment for construction or home purchase contracts.
Part-owners or lessees who need to assert that their financial obligations are fulfilled.
Individuals seeking to safeguard their property from future liens related to unpaid services.

How to complete this form

State your name and address as the affiant in the designated fields.
Provide the name of the owner, part-owner, or lessee along with their identification details.
Fill in the name of the original contractor and the amount paid for the contract.
Describe the property clearly, including its address.
Enter the date payment was completed and provide your signature.
Have the document notarized by a certified notary public to finalize the affidavit.

Is notarization required?

Yes, this form must be notarized to be legally valid. The notarization process adds an extra layer of confirmation that the affidavit is genuine and that the signature is authentic. US Legal Forms offers integrated online notarization services, available 24/7, ensuring a smooth and secure experience without the need for travel.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to include accurate information regarding the property details.
Not providing the correct name of the contractor or the payment amount.
Omitting the notaryâs signature and seal, which is essential for validation.
Submitting the affidavit after receiving notice of a mechanics' lien.

Why complete this form online

Instant access to a correctly formatted legal template drafted by licensed attorneys.
Convenient editing options to personalize the document according to your situation.
Secure storage and easy downloading for future needs or legal compliance.

Main things to remember

The Affidavit of Payment in Full protects your property from mechanics' liens.
Ensure that the form is completed accurately and notarized.
This affidavit is specifically designed for use in Ohio under applicable state laws.

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FAQ

However, a dissolution requires an advanced settlement agreement and for both spouses to attend a final court hearing with the judge.If you begin by filing a complaint for divorce, but believe that the dissolution process better suits you, you can request the court to convert your case by filing a motion. (Ohio Rev.

AFFORDABLE FEES The legal fee for an Ohio dissolution of marriage or divorce without children is $175. The legal fee for an Ohio dissolution of marriage or divorce with children is $350.

Termination of Marriage Handbook from Franklin County Clerk of Courts. Affidavit - Income & Expenses (UODRF) PDF. Affidavit - Income & Expenses (UODRF) WORD. Affidavit - Property (UODRF) PDF. Affidavit - Property (UODRF) WORD. Findings of Fact - Property PDF.

You can find a long list of documents at the Cuyahoga County Court website. File the documents with the courtYou need to file in the county where you or your spouse resides and pay a filing fee. Serve your spouseServing is the delivery of your divorce documents to your spouse.

The state of Ohio allows you to file for divorce without the assistance of a divorce attorney.Even when you are seeking a dissolution of marriage, where you and your spouse agree on all terms of the divorce, you are still at risk of making mistakes during the filing process.

How Do I File for Dissolution in Ohio? The first step in the dissolution process is for the spouses to file a joint petition with the court. With the request, you'll also include requesting that the court review and approve the agreement that you and your spouse created.

Affidavits for proof of income are legal documents which are used to declare your family's income.If the deponent makes any false or untrue statements in the affidavit, he/she can be charged guilty of perjury and contempt of court.

To obtain a dissolution or divorce, you must live in Ohio for at least six months before filing. The law does not require persons seeking a legal separation to live in Ohio for any particular length of time before filing. The terms visitation and companionship describe the rights of non-parents, such as grandparents.

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Affidavit of Payment in Full - Individual

Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.

Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:

(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.

(B) "Materialman" includes any person by whom any materials are furnished in furtherance of an improvement.

(C) "Laborer" includes any mechanic, workman, artisan, or other individual who performs labor or work in furtherance of any improvement.

(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.

(E) "Original contractor," except as otherwise provided in section 1311.011 [1311.01.1] of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.

(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.

(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.

(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.

(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.

(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.

(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.

(L) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the improvement of driveways, sidewalks, swimming pools, porches, garages, carports, landscaping, fences, fallout shelters, siding, roofing, storm windows, awnings, and other improvements that are adjacent to single- or double family dwellings or upon lands that are adjacent to single- or double family dwellings or residential units of condominium property, if the dwelling, residential unit of condominium property, or land is used or is intended to be used as a personal residence by the owner, part owner, or lessee.

(M) "Home purchase contract" means a contract for the purchase of any single- or double family dwelling or residential unit of a condominium property that has been subjected to the provisions of Chapter 5311. of the Revised Code if the purchaser uses or intends to use the dwelling, a unit of a double dwelling, or the condominium unit as his personal residence.

(N) "Lending institution" means any person that enters into a contract with the owner, part owner, purchaser, or lessee to provide financing for a home construction contract or a home purchase contract, which financing is secured, in whole or in part, by a mortgage on the real estate upon which the improvements contemplated by the home construction contract are to be made or upon the property that is the subject of the home purchase contract, and that makes direct disbursements under the contract to any original contractor or the owner, part owner, purchaser, or lessee.

(O) "Original contractor" includes any person with whom the owner, part owner, lessee, or purchaser under a home purchase contract or a home construction contract has directly contracted.

Who My File a Lien?

Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).

How Long Does a Lien Claimant Have to File a Lien?

An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).

What is a Notice of Commencement?

Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).

A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).

What is a Notice of Furnishing?

As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)

If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).

How is a Lien Released?

When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).

Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).

If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).

How Else May a Property Owner Respond to a Lien?

After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)