Legal Question in Family Law in Utah

Scenerio: Couple married for 7 months. Wife is 5.5 months pregnant. Wife works full time. Husband has been unemployed (he has made $190.00 total during marriage working temp jobs, and he has that money in his bank account - wife had none of it). Wife has paid for everything in the marriage. The house was hers 4 years before she married him. Furniture was all hers too. Marriage not going well. Constant fighting. They can't get an annullment because of the pregnancy. Questions is this: Can wife make husband leave the home since she is the one who's paying and paid 100% for it and it's just in her name (he is not on any type of paper work since she bought the house years ago when she was single) and she wants him out? There has been no physical abuse. Just a lot of yelling, lying, fighting etc. Or is the husband entitled to live there because she signed the marriage certificate back when he was kind? How can the wife get the husband to move out if there's been no domestic violence? Legally, what recourse does the wife have to have him leave?


Asked on 10/20/11, 8:42 am

2 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

In such a short term marriage and considering the fact that she owned the home before the marriage, I have no doubt the husband won't be able to make any claim against the house. Procedurally, she should file a divorce action and file a request with the court that she be awarded the exclusive use and occupancy of the home while the case is pending. You're welcome to spall my office to set up a free initial consultation with me.

Thank you,

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Answered on 10/21/11, 6:08 pm


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