Michael v. Miller

Citations

• 220 N.E.3d 737
• 171 Ohio St. 3d 733
• 2022 Ohio 4543

Syllabus

Equitable liens—Before recognizing an equitable lien, a court must find a duty, debt, or obligation an identifiable res and an express or implied intent that property serve as security for payment of a debt or obligation, and it may also take into account traditional equitable considerations, such as whether third parties had notice of outstanding equitable interest, extent to which party seeking relief has come to court with clean hands, and whether that party has taken all reasonable steps to ensure that it obtained perfected lien—Parties to separation agreement lacked express or implied intent that ex-husband's stock would serve as security for his current obligation to pay monthly spousal-support payments in addition to his future quarterly obligation—Court of appeals' determination that ex-wife held equitable lien on ex-husband's stock securing his current monthly obligation reversed.