Legal Question in Family Law in Utah

RE: My Rights As The Spouse Who Moved Out...

I have been separated for going on 3 years. My husband stayed in our home and took my three kids. He said that he was the one who worked our whole marriage and therefore, deserved to keep the house. Because at the time I was unemployed and had nowhere to go, I said the kids should stay there, (where they were comfortable). He refused me access to the house, will not let me get my things out of the house, has kept our kids from me, and has basically been vicious. My question is this...

Do I have any rights being the spouse who moved out and the one who decided to terminate the marriage?

We also recently jointly filed our 2002 taxes and when the check came for the new child tax credit law, he took the check (which required both our signatures, And I never signed it), cashed it and refused me my fair half of the $1200. Is this legal? Please help!!


Asked on 9/02/03, 11:10 pm

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

Re: RE: My Rights As The Spouse Who Moved Out...

You have been denied your rights. You are entitled to one half of all of the possessions acquired during the marriage, and may be entitled to alimony. You need to see a lawyer. If you can not afford a lawyer - and may lawyers will make arrangements for payment (in some cases the husband is required to pay for the attorney) - you can call Utah Legal Services.

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Answered on 9/03/03, 7:34 pm


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