Legal Question in Family Law in Utah

I am securing a new residence, leavilng my current residence to my wife and children. I qualified for the loan, but loan is considered a rental property given my current marital status (married). The designation of rental property will cost an additional 3% in closing costs and requries 20% down payment. Lender said if I drafted a legal separation the new residence would be considered my primary residence. FHA underwriter requires my seperation agreement to be signed by judge. Called courthouse today. Lady said I'd need to pay a $369 filing fee, would need to complete the 'cover form', and it would take two weeks befoer getting to judge. My question is what is the most expeditious and inexpensive way to get my agreement before a judge, will I need to appear, and how do I secure this 'cover form'? Thanks in advance.


Asked on 10/01/09, 12:37 am

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

Unfortunately, it's a little more complicated than what was explained to you. If your wife will not be contesting the action, then you could get a decree within a few weeks. Also, I'm not sure what your long term intentions are. If you intend to divorce your wife, I wouldn't recommend wasting your time with a legal separation. I would advise you to hold off purchasing a new home until after you're divorced. This is due to the fact that until you're divorced, any assets you acquire are marital property and your wife will be entitled to one half of any equity you have in your new house.

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Answered on 10/06/09, 3:46 am


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