Legal Question in Family Law in Utah
he's trying to take it all(the wifes rights)
the husband owned the house before marriage. the couple took out a mortgage. the wife is the sole provider for the houshold. the husband pays no bills. now the husband is trying to sell the house out from under her. this all accured after the major house inprovement due to the mortgage. since she now has equity in the home is she not entitled to her half of the house procedes? even though the husband hasn't had a job for two years and pays no mortgage or bills.
1 Answer from Attorneys
Re: he's trying to take it all(the wifes rights)
Wife has right to one half of the equity in the home since the date of marriage. However, if husband has his name only on the house, he can sell or refinance without wife. Wife should file a "Notice of Interest" claiming one half of the equity in the house since the date of marriage with the county recorder.