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He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.
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answered on Dec 20, 2023
In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More 
Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?
answered on Nov 17, 2023
If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More
The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.
answered on Nov 6, 2023
Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More
A basic divorce, you go your way and I go mine.
answered on Feb 27, 2023
No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... View More
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... View More
answered on Jan 26, 2023
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent... View More
Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... View More
answered on Sep 30, 2022
This is not a criminal law question. You need a family law specialist.
RECORDED claiming she has a Court Order (ridiculously false) to take a truck originally titled to my dad, changed to me b4 marriage, she knows I've put $thousands in it, just painted it and am I'm selling it - and makes this claim. Attempted theft by deception?? What about claiming a... View More
answered on Sep 16, 2022
You should report it to law enforcement. I suspect they will tell you it's a civil matter(it's not, but that's how they get out of dealing with it), but I would still make the police report.
It was purchased while we were together but not married yet
answered on Jun 28, 2022
As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... View More
answered on Feb 23, 2022
Alimony is dependent on:
1. The paying spouse's ability to pay;
2. The receiving spouse's need for alimony;
3. The marital standard of living; and
4. Length of the marriage.
Alimony is very much a case by case analysis. I suggest you talk with a... View More
I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... View More
answered on Feb 10, 2022
There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... View More
She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.
I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?
answered on Sep 21, 2021
Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.
Will this affect our custody agreement at all? Is she likely to be changed with anything?
answered on Aug 17, 2021
Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.
There is even less likelihood that the Court responsible for your family law matter would consider this grounds... View More
My husband recently told me he can retire anytime he likes and he is not required to pay me anything except 1/2 of his military retirement and also a portion of his social security. He then informed me that he intends to keep working, perhaps starting his own business or consulting but I would... View More
answered on Feb 19, 2021
The answer to your question really depends on the specific facts of your case. By law, the Court can award support up to the length of the marriage. In your case, that is very unlikely. Where he is around retirement age, Alimony can become difficult if someone does retire. However, if he does open... View More
He is upside down on the car and has ruined my credit due to his late payments. In spite of that, he recently bought himself a new truck. What can I do to get my name off of the car?
answered on Aug 21, 2020
With there being a loan on the vehicle, the only way that you can remove your name is through a refinance. Within the divorce decree, you will want to make sure that he is required to refinance the car to remove you from it.
Having said that, if you are going through a contentious divorce,... View More
I am going through a break up. We bought a dog together. Luna is licensed under my name in the state of Utah, and all Of her vet/medical/microchip stuff is all under my name as well. Does this make her legally my dog? Or is there more to it than that?
I want to add that we purchased the... View More
answered on Aug 19, 2020
Since you posted this question in the divorce section, I am going to assume that you are married and going through a divorce. If that assumption is incorrect, the answer may be different. In Utah, dogs are considered personal property under the law. The presumption is that all property (including... View More
My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?
answered on Jul 10, 2020
No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.
Side note: there have been virtually zero deaths in patients under 21. Unless your family in... View More
The papers. What is my next step?
answered on Jul 8, 2020
After the respondent is served, the respondent then files an answer. Next, the parties will be required to submit disclosures under Rule 26.1, including the financial declaration. The parties can then try to reach a settlement agreement, or stipulation on all issues. If there are children, the... View More
Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.
answered on Jun 23, 2020
If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to https://www.utcourts.gov/howto/divorce/ and obtain everything you need to get it done.
answered on Jun 10, 2020
Are you just looking for a copy of a judgment? Send me an email so we can talk. William@melton.law
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