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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101335
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i have been divorced almost 3yrs now and need advice on my

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i have been divorced almost 3yrs now and need advice on my rights. My divorce decree says house will be put up for sale (and it was at the time)and proceeds divided equally as it was in both of our names. After the initial 6mos on the market, he insisted on leaving it for a year as he didnt feel the market was good and after another 6 mos of being on the market and no sale he wants to take it off again for a few months as well as move his girlfriend into the house. What are my rights here? He does make the house payments as per our decree as he was supposed to pay 86% of our combined(2 household expenses)until the house sells and he receives full deductions on his taxes and i do not. As i was having difficulties in getting him paying his portions of my bills i finally just gave up and had him pay me my alimony instead(it was cheaper for him:)

I have asked him to have his girlfriend give me money for rent as it is my house too,but he says i have no right as i do not make housepayments. What are my rights in all of this?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. My I ask if the divorce decree says is to happen to the property exactly, after the divorce?



Customer: replied 6 years ago.
The real property is divided between the parties as follows:the home is on the market for sale and the parties agree the Petitioner will live in the home until it is sold and the transaction closes.The parties agree the expenses associated with the home and the respondents temporary living expenses will be split proportiate to the party's incomes as outlined on a current child support worksheet.

At the time the home is sold the parties will pay off any agreed upon debt and the remaining net proceeds from the sale will be split equally. The mortgage interest deduction for 2008 and any utility or escrow refunds will be split equally between parties.

I was the petitioner and chose to move out of the house after a year after the divorce as i could not care for the land and horses myself and he was waiting months to pay portions of my expenses and i simply could not afford it any long.
Customer: replied 6 years ago.
By the way, the way, the house value has now dropped more than $200,000 since it was originally on the market...
Expert:  Ely replied 6 years ago.
Gotcha. You need to file something called a Motion for Clarification. Such a motion is filed post-judgment by a party when the orders are either (1) unclear, or (2) do no provide the rules for an unforeseen situation. Such is the case here. Once you file the motion, and have a quick hearing, the Judge will issue an order that will act as a supplement to the original, and will clarify the situation as to the right and duties of all parties involved, since the judgment does not say what the duties are if you move out and the circumstances have changed.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



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Customer: replied 6 years ago.
Your answer is only somewhat helpful. I live outside of the state in which i would have to file a motion.
My ex and i were married for 22yrs and everything was split down the middle. I am half owner of the house and am asking if i have any legal rights as to WHAT happens with my house and WHO lives in it.
Expert:  Ely replied 6 years ago.
Apologies - I will clarify.No one can answer this except the Court. The problem is that the divorce decree stated that you would be living in the house, and it would be sold, and meanwhile, the cost would be split.However, you moved out of the house within a year and also modified alimony, and he moved his girlfriend in and himself (possibly). This was all done without the Court's agreement. The decree does not provide stipulations for who has the right to what if the original decree is no longer followed to such an extent, and Utah's Title 30 Code does not have any specifications either. The rights are unclear since the original order is no longer being followed.Using an analogy, assume a game of baseball started and halfway through the game, half of the rules were modified. But then towards the end, someone says, 'wait a minute, this is all wrong, let's recalculate the score to what it WOULD have been if we followed the rules.' No one is sure what to do.THEORETICALLY SPEAKING, you can deny him/his girlfriend the right to be in the house and move back inside, but HE is likely to end up filing either a Motion for Modification or Motion for Clarification himself. Your best course of action is to seek clarification from the court, which is why such a motion exists - in cases JUST such as these.I know you want a definitive answer, but I could not presume to speak for the Court in this situation.
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