Legal Question in Family Law in Utah
I was married May of 08, and my husband filed for divorce in June of 09. I have owned my house for 21 years. He is asking for 1/2 of the equity, is he entitlted to that. Also, I believe I am upside down in my house, owing more on it than the property value. No appraisal has been done yet. Is it possible to demand 1/2 of and negative equity?? We refinanced my house for 47K before we were married and I put his name on the house. He has now walked away from the marriage living me 47K more in debt that I will be responsible for. Also, with the extra 47K we remodeled and put a game room in with the money..that includes a pool table and pinball machine. Is he entitled to any of those posessions even though the equity (47K) was mine before we were married??
2 Answers from Attorneys
Any equity you had in your house at the time of your marriage is yours. However, if you put his name on the house and he is on the $47K refinance, he should be responsible for part of that debt, presumably 1/2. The pool table and pinball machine are items of personal property which the court will divide between the two.
Your husband is not entitled to any of the equity. Your home is probably worth less now than when you got married. Since his name is on the mortgage he is already responsible for half of the debt.
You can let him take the pool table and pinball machine IF he pays for them.
Do not let him intimidate you with his demands. He is entitled only to half of the increase of your marital estate - if there is a decrease (debt) he is responsible for half of that.
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