Legal Question in Family Law in Utah
divorce and closing cost
Can my soon to be x wife take half the closing cost out of my half of the equity when she is keeping the house? She is also taking off $1500 for what she says is my half of the investment (the real property) this does not make sense to me. please help.
2 Answers from Attorneys
Re: divorce and closing cost
She can if you agreed to do so, but you should have a written settlement agreement which details the arrangements. You are not required to agree to what ever she wants. The divorce procedure calls for mediation to help resolve issues where you do not agree, or you can go to court and get a decision from a judge.
Re: divorce and closing cost
It all depends on what the current court orders are. If she is your "soon to be ex-wife" then I'm assuming the decree has not been signed by the judge. It's not unusual to require the parties to share the closing costs associated with refinancing when one of the spouses is being cashed out his/her share of the equity. The same holds true in cases where the home is to be sold. In those instances, the parties share the costs of sale including real estate commissions and other costs of sale. With respect to the second portion of your question, I don't really understand what she means when she mentions taking off $1,500 for your half of the "investment".
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