Legal Question in Family Law in Utah

qualify to keep house

my wife wants to keep the house after the divorce. I earn 3500. and she earns 1800. The mortgage payments are 1500 month. Two children under 18 involved. Alimony is about 700. Is there a formula to determine ratio of income to mortgage payment to qualify to keep it. She wants me to pay the dirrerence in alimony to stay. I think it can't be done and would I even be required to pay any alimony. That would leave me with a shortage of money to live on. What do you think?


Asked on 5/28/03, 9:48 am

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

Re: qualify to keep house

This is not a decision which can be made on the limited info you provided. The general intent in a divorce is to divide the assets 50-50 between the parties. Alimony and child support are balanced so that both parties stay as close to their usual standard of living as possible. In your case, there is not sufficient funds to allow both of you to have the same life style. The solution is creative balancing of equities. Example: you may be willing to allow her to stay until the children are 18 including assisting in paying for the house, then after they are 18, sell the house and you take more of the equity to reimburse you for the extra money. There are many more solutions.

You may want to consider mediation, with an experienced marital mediator, to come up with solutions. Your final resort would be the judge.

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Answered on 5/28/03, 10:40 am


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