Legal Question in Family Law in Utah

Utah Cohabitation Laws

My boyfriend and I have been together 12 years off and on. We split for a while but have been back living together for 2yrs. I am living in his house. My name is not on it. It is in the name of a Trust. He is trying to kick me out. Do I have any rights to the house or to make him leave instead. We live in Utah.


Asked on 11/17/08, 6:38 pm

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Utah Cohabitation Laws

Much depends on the nature of the trust that owns the house. If your boyfriend is simply a beneficiary of a trust that someone has set up for him and which owns the house, you may not be able to claim any interest in the home. Another aspect of your situation is whether you would be able to establish, through the courts, that your relationship with your boyfriend is a common law marriage. If so, and if "marital" funds have been used to make the mortgage payments on the home as well as maintenance and upkeep, then you may be able to establish some equitable interest in the home. He could probably ask you to leave but it wouldn't mean that you couldn't come back through legal proceedings to possibly get your share of some equity out of the house.

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Answered on 11/18/08, 11:04 am


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