Legal Question in Family Law in Utah
Closing costs on home and taxes
During the separation (not divorced yet) I allowed ex to refinance the home and pay me my equity. Half the closing costs were taken out of my share. There was a 2nd mortgage as well that I paid half the payments for. We do not have a agreement on deducting the interes paid on taxes as well as the closing costs. Is there any way I can fight to deduct half my share of the closing costs on the second mortgage as well as the interest I paid on the second mortgage? There is nothing in our divorce decree addressing this. (divorce has since been finalized) Should I hurry and go to court to amend the decree? He said he wants to be fair but then refused to consider working something out with me. Is there anything I can do? Small claims court? Anything? I realize I should have included this in my decree but it was an oversight by both me and my lawyer. Thanks for your assistance
1 Answer from Attorneys
Re: Closing costs on home and taxes
If your agreement was for your ex to pay to you your equity then he still owes you half of the closing costs. It is his choice on how to buy out your equity, if he had cash to pay out your equity, would it be fair for him to deduct $xxx for cash payment? You can go back to the divorce court for a judgment for the closing costs deduction.
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