Legal Question in Family Law in Utah
My husband has filed for divorce using the online assistance...irreconcilable differences....we each get our own property....each pay our own debts. My question is about our home (the only real property acquired during the short marriage). I purchased this home last year with my own funds to put down (from my savings prior to marriage), and took out a mortgage in my name only. In the divorce petition, it states "It is fair and reasonable that Respondent be awarded this real property as Respondent's sole and exclusive property." Of course, I realize now that I can't afford to keep the house, and need to put it up for sale immediately. So, my question is this - Does the above statement also award me the equity in the house when it sells, or will he be entitled to come back and claim a portion of it? Do I need to ask for an amendment to the petition? Or, do I have wait until the divorce is final to list and sell the house? (And, even if I wait - is he allowed to take a portion of the equity?)
2 Answers from Attorneys
My only suggested additional language would be to insert at the end of that sentence "free and clear of any claim by the Petitioner, and subject to the Respondent assuming the indebtedness therein." Otherwise, you should be okay.
You may list the home for sale at any time. You should get specific language that awards you the equity.
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