Divorce Is Final; Can One Party Go Back And Change Property Division?
Location: Utah
My daughter got divorced a little over a year ago after ten years marriage. They have three children together, and initially, the divorce was very amicable. They ended up with a final decree that gave them 50/50 custody, and she got both their car and the house. The car, because he doesn't drive, and the house, because she agreed to take that in exchange for no alimony. The car was paid off, and the house only had 35k left on the mortgage. My daughter assumed that mortgage herself.
Now, fourteen months later, both parties have moved to a larger city, and my daughter has remarried. Just a few days before her wedding, her house finally sold. It had been on the market for several months. Now her ex-husband has told her he thinks she should split the profits with him. She of course told him no, so he told her he would go to the courts to change the decree.
Just to be clear, they bought this house together, with help from a first-time buyer's program. Neither of them had any real money, and at the time, she was the only one employed full-time, as he was going to school. They just got lucky with the housing market and bought a house for cheap that doubled in value during Covid.
So, my main question: how likely is it that a lawyer would even take on this case? My ex-son-in-law thinks he somehow deserves half the profits from the house, even though he agreed to give 100% of his share of the equity in the house to my daughter in exchange for not having to pay alimony. Would a decent attorney even take that case? Should my daughter be looking for an attorney?
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