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need to know some of what i would have give to my wife in a…

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need to know some of...
need to know some of what i would have give to my wife in a divorce we have been together for about 15 years but married only the last 4 years had my house before we got married no kids together i'm in utah
Submitted: 8 years ago.Category: Legal
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6/17/2010
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
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Satisfied Customers: 41,221
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Thank you for your question.

Did you purchase the home while married? If so, under whose name is XXXXX XXXXX under?
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Customer reply replied 8 years ago
no i built the home before married and its in my name only
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Thank you for your follow-up.

You then do not have to provide her with your home--what you may end up having to do is give an 'equitable' portion of the value in the home. The way that will be calculated would be based on the growth in value of the home from the time you were married until divorce.

In other words if the home was built and worth $200,000, upon marriage it was worth $400,000, and is now worth $450,000, the $50,000 growth in value would be deemed a marital growth, and she can claim that half of it, or $25,000, belongs to her.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 6/17/2010 at 5:18 AM EST
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Customer reply replied 8 years ago
what about alimony and other moneys
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
After 4 years, there is a chance that you may pay her alimony, if you earn substantially more than she does. If she can claim the 15 year relationship (unlikely in a Utah court but possible), then she can ask for a significantly longer alimony payment (2 years versus a possible 10 year payment).

All other moneys will be split in an equitable fashion. That means that they will not be split "equally" but equitably and fairly--that grants you the right to keep more of the assets that you personally earned while married. Without knowing your financial situation in a more specific manner, I cannot really answer the question further.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/17/2010 at 5:25 AM EST
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