Legal Question in Family Law in Utah
Refinance and equity for ex-significant
My significant other and I purchased a home together. He left after 10 months. I have been there almost 4 years. Right after he moved out he married and they filed bankruptcy. He included his half of the mortgage. I have been paying the full payment since he moved. He is now insisting that I refinance and pay him 1/2 the equity. Would he only be entitled to 1/2 the equity based on the market price of when he left, for only the 10 months, he lived there?
Thank you for your help,
Mary
1 Answer from Attorneys
Refinance and equity for ex-significant
You are probably correct. However, his name is still on the deed to the house, so until he transfers his interest to you by deed he can make a claim for an interest in the property. You may want to negotiate with him to get his name off the deed for a small consideration. Any amount of money he gets out of the equity in the house should go to the bankruptcy trustee.
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