If my ex-husband, his brother and their father built a gorgeous cabin many years ago but it is in his name only, am I entitled to any part of tit in terms of money?

My ex told me his dad put the cabin in his name and that his brother was mad over that. The cabin was paid for in cash by my ex’s father; they built it themselves.

Asked on April 14, 2017 under Family Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if the cabin is in your ex-husband's name, it is an asset of his--it could have been included among the assets you received a share of in your divorce. However, if your divorce is already final and you have received your share of the assets (or at least there is a judgment, decree or settlement agreement setting forth what assets you will receive), you cannot go back and ask for a share of other property unless you can show that your ex-husband actively concealed or hid his ownership of the cabin; in that case, if he committed fraud on the court and/or on you by hiding the asset, you can ask the court to reopen the asset distribution for this. But if you knew of the cabin but just forgot it or did not address it, so he did not hide anything, if the divorce is final, you cannot look to add this in--when a divorce is finalized, it is finalized as to all assets the parties did or should have known about and brought up during  the divorce.
If the divorce is still pending, you can include the cabin.


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