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Ohio Revised Code Section 2329.661provides, in part, "(A) Division (A)(1) of
section 2329.66 of the Revised Code does not: (1) Extend to a judgment rendered on a mortgage executed, or
security interest given on real or personal property by a debtor or to a claim for less than four hundred
dollars for manual work or labor; (2) Impair the lien, by mortgage or otherwise, of the vendor for the purchase
money of real or personal property that the debtor or a dependent of the debtor uses as a residence, the lien of
a mechanic or other person, under a statute of this state, for materials furnished or labor performed in the
erection of a dwelling house on real property, or a lien for the payment of taxes due on real property; (3)
Affect or invalidate any mortgage on any real property, or any lien created by such a mortgage."
Operation of Ohio bankruptcy laws
In practice, occupation of a home requires a physical presence of the debtor on a regular basis. Problems
arise because of multiple tracts, absence from the state, and divorce proceedings which fracture the application
of domicile rules. Clarifying both domicile and
residency through a written designation prevents surprises. If the validity of a homestead exemption is in
question, written agreements and designation provide many debtor with a solution. Note: Absence
from the country because of military service can not form the sole basis of abandonment.
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