Legal Question in Family Law in Utah
I am in my second marriage. I have 3 children from my first marriage living with me. My second husband owns the house, I own a preschool business. He doesn't want me to have my name on the house since he fears my creditors can get it if my business fails. He threatens to have me and my children move out sometimes. Do I have a right to stay under the Acquiesence Law? We have lived here for 6 years now.
2 Answers from Attorneys
Place the title to the house in a trust. Then if your suffer adverse credit problems, the house will remain safe in the trust.
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I would need to know more information about the nature of the ownership of the house. If your husband outright owned the house, free and clear of any debt, before you were married, then, in the event of a divorce, he would be awarded the home. However, if mortgage payments are being made from marital funds, you would be entitled to some interest in the home. In any event, you and your husband need to talk and make a decision about what your and his intentions are relative to the home, i.e., is it "his" house or is it both of yours? If the intention is that it is both your and his home, you could place the home into the name of an LLC or a trust, which should shield you from any creditors that might come after you. Also, with respect to your preschool business, you may want to consider placing it into an LLC as well which may help shield you from creditors who do not require a personal guaranty on any debt obligations incurred by the business.