Legal Question in Family Law in Utah

My wife owes me 102,000 in equity on our house. It was orginally set up for her to pay me when my youngest was 20 years old. She is getting remarried. Does this change things and does she have to pay me out?

Or does her marriage allow me to go to court to have it changed? Especially if she moves out of the house.


Asked on 2/02/13, 7:51 pm

2 Answers from Attorneys

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

I would really need to see the language in your Divorce Decree. Generally, remarriage, selling the house, moving from the house, and when the youngest child turn 18 are all triggering events which require paying out the equity in the home. Please contact my office and schedule a free consultation so I can discuss this with you and so I can take a look at your Decree. My telephone number is 801-274-3100.

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Answered on 2/02/13, 8:24 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

The divorce decree probably did not contemplate the re-marriage. The fact that she gets to use the house until the child is 18 will not change by her new marriage. If she moves out of the house and neighborhood you might have a chance in court to get the payout date changed --- but without seeing the decree it is hard to know.

You may call for a free consultation, 801-876-4422

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Answered on 2/03/13, 3:01 pm


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