How do I legally prevent my ex-spouse from filing claims onthe house after our divorce?
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How do I legally prevent my ex-spouse from filing claims onthe house after our divorce?
My wife and I will be separating within 6 months. We recently bought a house and the mortgage is in both of our names. All expenses including down payment were covered by me and my wife wants me to keep the property. How can I put it in a legal agreement that will serve as a proof that my wife will have no rights to file any claims on the property at any time in the future even if her name is still on the mortgage?
Asked on January 14, 2012 under Family Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am a bit unclear here what you mean by "file any claims" on the house. Do you mean encumber it in any way? She has the same legal rights to the house that you do. Now, I am also a bit confused by your statement "all expenses and down payment were covered by me." Did ou use money that was your prior to your marriage that was kept separate during the marriage? Becuase any money earned during the marriage is considered marital funds so it was just as much hers as yours. I think you had better seek legal help here for a discussion on what is what. Good luck.
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