I met my husband 12 years ago. At that time I was living in a home that was in a family trust. Its was my house but just easier to get a mortgage through the trust, So I just wrote a check to the trust and the trust paid the mortgage. When I married 7 years ago my husband insisted that he was not going work on or invest in a house that was not in our names. So me being stupid I agreed and we bought the home from the trust for what was owed and capital gains, about 90K for a 160 K house because I had been paying for it for 11 years already. At this time my husband signed a agreement that if we divorced before my youngest child turned 18 then he would not request any of the equeity in the home. He walked out after 6 months. We tried for 6 years to reconcile and work things out. we remained close and spent weekends together. During this time he lived with his mother and I continued to pay for the house. 6 months ago he requested to come back home and try again. I agreed and now in 5 month my youngest child turns 18 and my husband is telling me he wants a divorce and that I should leave the home with my son. I have lived in this home for 18 years and made all but 5 payments by myself. He is saying the the agreement he signed is not valid because it was just something we made and both signed. He says if he does leave the home then he is going after half the equity which is going to be about a 80k check for him. I am not sure what to do. I can barely make ends meet now and could not afford to pay him out that kind of money. We have aleays kept all finaces seperate except for the mortgage and even then I paid it not him. Does anyone know enough about Utah state law to help me figure this out.
First, get a good attorney. Second, get a good attorney. I went through this kind of stuff in my divorce. My ex-wife (an attorney) kept 90% of our assets and was angry that I got anything. I was very depressed and did not get an attorney. I still dislike the idea of attorneys/divorce, etc. However, I can tell you from experience, the only way you will be protected is to get a good attorney. If I had it to do over again, I would make sure I had an attorney. Now, I have so few resources, that I can't visit my children or have them come to see me. You owe it to yourself and your children to make sure you have someone to protect you better than you will protect yourself. For your own sake, you should be fair in the divorce and not ask for something inequitable, but don't let yourself get trampled on either. Good Luck!
So you were married 7 years, but only lived together 1? The courts may take that into consideration. Utah is not a community property state. However as soon as you took your inheritance and co-mingled it probably became marital property and you are going to have to fight to keep it. I think the last commenter was correct. Find a good attorney. Also go to the law library in SLC and read up on property rights. I let my attorney go and have represented myself by going to the law library, reading books and occasional free self help clinic. I am holding my own and won the last round in court representing myself and going up against my husband's expensive attorney. I wouldn't recommend that to everyone however, especially if it is complicated like this issue sounds like it is. Get a good attorney and also educate yourself as much as you can right now. Keep a chin up.
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