Legal Question in Family Law in Utah

Divorced in Utah in 2007. Decree states I have to pay the ex his share of equity in the property of $130k within 5 years of divorce. With economy being this bad, I relocated to Oregon 4 years ago and rented the property out. Real estate market is crappy and I lost my job. I do not have the money to pay him and if I try to sell, I will lose money or may not be able to sell at all. Is there any way I can get an extension on this debt? He is not reasonable and will not even take my calls. He is financally flush so it's out of spite that he wants his pound of flesh. The decree says the payment of the amoutn is secured by a judgment lien against the real property, but I am not able to find such a lien being filed. Does this help my position? Is there anything I can do? Thank you for your assistance.


Asked on 7/14/11, 7:44 am

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

You can go back to court and ask for a reconsideration of that element of the decree, you can request both (1) a reconsideration of the amount of the equity and (2) an extension of time to pay. The fact that no lien has been filed does not change your position, since a lien could be filed at any time. The divorce decree is a lien, although if the property in question is not in the county where the decree was issued only means that the decree would have to be docketed in the county where the property is located.

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Answered on 7/14/11, 8:22 am


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