Legal Question in Bankruptcy in Utah

bankruptcy limitations

My exhusband went through a bankruptcy in 1987. We divorced in 1993. He is an attorney and told me that we could not include division of the equity in the house into the divorce decree but that when I eventually sold the house he would get half. Is this a responsibility I have or was it illegal for him to make this behind the scenes deal? I have since the time of the divorce refinanced the house and the equity in the house is different. The house has increased in value, but the equity is actually quite small. He claims he has a right to half the value of the equity of the house built up from the time of the divorce to the present value of the house. Is this true?


Asked on 5/06/04, 4:22 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: bankruptcy limitations

The answer lies in the language of the final divorce decree. Without reading that order, there is no way to tell. He would have been required to divulge any equity in the house in the bankruptcy. His failure to do so is fraud, and could get him into a lot of trouble. If he transferred all of the equity in the home into your name, then arguably you owned the entire house and had no obligation to him. By his failure to claim an interest in bankruptcy would operated to constitute a waiver of any right he could later claim. However, under the divorce decree things may have changed. If you want to get me a copy of your final decree, I will review it and give some direction to you at no cost. (This is not an agreement creating an attorney-client relationship)

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Answered on 5/06/04, 4:31 pm


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