Legal Question in Real Estate Law in Utah
Real Estate
My brother bought his house, then a couple years later he was married. Now he wants a divorce, does she have any claim to his property considering he had the residence before they were married?
2 Answers from Attorneys
Re: Real Estate
His wife will have little or no claim on his house or other premarital property.
Re: Real Estate
The standard for division of property in Utah is whatever the judge deems to be fair and equitable. The court can and does take many factors into account to arrive at a determination and the court was wide discretion in division of property so it's difficult to advise without knowing the totality of the financial circumstances.
That said, if your brother has not deeded the property to himself and his wife as joint tenants or as tenants in common but has kept it in his sole name it is most likely that he will retain the ownership of the house.
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