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Can I kick my spouse out of the house without his/her consent?

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce?

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce? What about if my spouse is being abusive or making threats? What about if my spouse is a substance abuser and doing dangerous things?

Well, believe it or not, there is a statute in the Utah Code that treats this very subject: Utah Code § 30-2-10, entitled “Homestead rights — Custody of children”. And here is what it provides:

Neither the husband nor wife can remove the other or their children from the homestead without the consent of the other, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family; and if a husband or wife abandons his or her spouse, that spouse is entitled to the custody of the minor children, unless a court of competent jurisdiction shall otherwise direct.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Home Heartbreak: People Divulge the Home Details of Their Divorce

Home Heartbreak: People Divulge the Home Details of Their Divorce

(from Porch.com https://porch.com/resource/home-heartbreak)

Life is full of transitions. We all remember moving out of our childhood home. For many of us, it was both a thrilling and absolutely terrifying experience. But possibly, one of the most fulfilling feelings is turning a house into a home—and a family home becomes the hot spot where so many memories are made. So how do you cope when your once happy home is filled with heartbreak? Over 90 percent of people in Western cultures will get married by the time they turn 50, according to the American Psychological Association (APA), but almost half of these marriages will end in divorce. We asked 501 people in the U.S., from ages 22 to 77, how they dealt with their divorce, who kept the marital home, and how they transitioned into a new chapter of life. Keep reading to see how divorced respondents are attempting to pick up the pieces and create happy, healthy homes.

To sell or stay

According to our survey, the decision to sell or stay in the marital home was influenced by a feeling of responsibility for the divorce. Almost half of those who felt their ex-partner was mainly at fault for their divorce ended up staying in the family home. Whereas, selling the home was the ideal outcome for people who blamed themselves for the divorce. When putting the home on the market, couples who considered their divorce to be civil were more likely to make a profit on the sale of their home. Thirty-three percent made a profit compared to the 24 percent who said their divorce was less than amicable.

Choosing a new home

After moving out of the family home, the majority of people decided to downsize when finding a new place. Fifty-three percent went with a smaller place, while 29 percent chose a house about the same size as before, and only 18 percent moved somewhere larger. Sixty-six percent of those who downsized after their divorce said a contributing cause of their breakup was infidelity. Other popular reasons for downsizing included a lack of individual identity (57 percent), a lack of intimacy (56 percent), and falling out of love (55 percent).

Moving away or staying local

When faced with a fresh start post-divorce, more people decided to stay in the same city instead of moving away. Twenty-seven percent said they remained in the same city because they had well-established roots. Others said they didn’t want to move too far away because they wanted to stay near their job (23 percent), family (19 percent), or kids (18 percent). Of the 20 percent who moved to a different city or state after a divorce, 30 percent wanted to be near their family. According to the Mayo Clinic, having a strong social support network of friends, family, and peers can be a crucial part of one’s emotional and individual health during periods of high stress or emotional angst.

Family-minded

Sometimes, couples postponed splitting up, especially when kids were involved. Sixty-four percent of divorced parents said they stayed married longer than they wanted to because of their children. The greatest number of parents (42 percent) said they remained in the relationship an extra one to three years. Twelve percent of divorced parents said they even stayed together for more than 10 years longer before filing for divorce. Only 12 percent of parents divorced rather quickly, staying married less than a year longer. The welfare of children may drive couples to stay together, but sometimes it can be harder on the child.

What parents would change if they could

Most children adjust well to their parents’ divorce within the first two years. Our survey participants concurred, with a majority of parents (75 percent) reporting their children handled the divorce fairly well. Of those parents, 37 percent said they felt they did a good job keeping conflict away from their kids, and 33 percent said they talked to them about their feelings more often during the split. Twenty-five percent of parents said their children did not handle the divorce well, and 44 percent of these parents said they wished they had done a better job at keeping the conflict with their spouse away from their kids. Forty-two percent of these parents said they wished they had talked to their kids about their feelings more often. According to the American Academy of Child and Adolescent Psychiatry, it is easy for a child to become confused, take the blame, or misinterpret the divorce unless his or her parents say what is happening. Being as straightforward as possible with your children, as well as having frequent discussions with them about their feelings can make a difference in the time it takes for them to transition and adapt to such a change. Thirty-six percent of parents of children who handled the divorce well said they wouldn’t change anything about how they personally handled the split, compared to only 14 percent of parents who said their children did not handle it well.

Deciding to divorce

In a study aimed to identify the underlying causes of divorce in the U.S., 75 percent of individuals listed a lack of commitment as the reason for their breakup, according to an article published by the National Center for Biotechnology Information. According to the article, commitment and communication overlap and often go hand in hand within a marriage. Similarly, our survey showed that a lack of communication was the top culprit of divorce, with 61 percent of men and 53 percent of women citing this as the reason for their breakup. Constant arguing and being cheated on were two other top reasons, whereas cheating on a spouse and a lack of individual identity were two of the least cited reasons for getting a divorce. A lack of intimacy and money were much bigger deals to men, whereas women cited a cheating spouse and differing values much more frequently than men.

Who’s at fault?

What do your generation and gender say about your divorce? According to our survey participants, baby boomers and Gen Xers were more likely to blame their partner for the divorce, with Gen Xers being the least likely (8 percent) to shoulder any of the blame. Millennials appeared much more unbiased when it came to blaming themselves for their divorce, however. According to the World Economic Forum, millennials have less than a 50 percent chance of divorce. Unlike baby boomers who often married at younger ages, millennials (and some Gen Xers) are waiting to marry once they have completed their education and have stable careers and finances. The increased popularity of cohabiting before marriage has also likely caused a dip in divorce rates. Based on gender, men were more likely to share the blame, whereas women were more likely to blame their spouse for the divorce.

Originally posted at Porch.com

Methodology

We conducted a survey of 501 divorced people who live in the United States. Respondents ranged in age from 22 to 77 with a median age of 39. Sixty-five percent of our respondents were female, and 35 percent were male. We included an attention-check question in our survey to help identify any participants who didn’t answer questions seriously. Participants who failed the attention check were disqualified.

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Is it illegal to video record people in your home without their knowledge?

Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah):

Utah Code § 76-9-401. Definitions.

For purposes of this part:

(1) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.

(2) “Eavesdrop” means to overhear, record, amplify, or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical, or other device.

(3) “Public” includes any professional or social group of which the victim of a defamation is a member.

Utah Code § 76-9-402. Privacy violation.

(1) A person is guilty of privacy violation if, except as authorized by law, the person:

(a) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;

(b) installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy in the private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place; or

(c) installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place which would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of the person or persons entitled to privacy in the private place.

(2) A person is not guilty of a violation of this section if:

(a) the device used is an unmanned aircraft;

(b) the person is operating the unmanned aircraft for legitimate commercial or educational purposes in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations; and

(c) any conduct described in Subsection (1) that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.

(3) Privacy violation is a class B misdemeanor.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Spousal (and Ex-Spousal) Spying – You Can Go to Prison, If You Do It Wrong

https://www.quora.com/Is-it-illegal-to-video-tape-someone-in-your-home-without-their-knowledge/answer/Eric-Johnson-311

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Can the Utah Divorce Court Force My Ex to Refinance?

Question: My ex was awarded the house in our divorce, as long as my ex refinances the house, so that I am removed from the loan encumbering the house. But it’s been months and my ex has not refinanced. My ex hasn’t even tried to refinance the loan to remove me as a liable party. Can the court order my ex to refinance now?

Answer: The court already ordered your ex to refinance, so what you’re really asking is whether the court can force your ex to refinance or perhaps speed up the refinance process. If the court determines that your ex is willfully violating the order to refinance, then the court can do some things to coerce your spouse, such as imposing a fine up $1,000, order your incarcerated in the county jail for up to 30 days, or both (these are known as sanctions for contempt of court; Utah Code Section 78B-6-310). If your ex has little or no money, a fine won’t be any motivation and, for that matter, neither may a jail sentence, but if your ex isn’t refinancing just to be lazy or malicious, sanctions for contempt of court might do the trick. If your ex cannot refinance and you worry about staying on the loan without the benefit of having possession of the house, you could file a motion or new law suit asking the court to order the house sold–that way the loan will get paid off and you won’t be liable anymore.

Utah Family Law, LC | 801-466-9277 | divorceutah.com

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