Salt Lake City Property Division Lawyers
We Help Utah Families Create Agreements & Agreements That Last
Are you facing a property division issue in your divorce? Are you concerned about how to fairly divide your property with your spouse? Do you have questions about how to get the best agreement possible? At Solon Law PLLC, we can help. We can answer your questions and help you reach an agreement that is best for you and your family.
Our team has helped many families resolve property division issues. We will work with you to identify your goals and concerns, and we will work to find solutions that meet your needs.
What Is Considered in a Utah Property Division?
In Utah, courts generally divide marital property equally between spouses, regardless of who earned the income or who held the title to the property. However, there are some exceptions to this rule. For example, if one spouse earned significantly more income, the court may award more of the marital property to that spouse. If a spouse wasted or mismanaged marital property, the court may award less of the marital property to that spouse.
Other considerations include:
- the contribution of each spouse to the acquisition of property;
- the value of the property;
- the conduct of the spouses during the marriage;
- whether a spouse unjustly enriched (benefitted) themselves at the expense of the other;
- whether one spouse left the workforce to take care of children or perform homemaking services; and
- whether either spouse will receive retirement benefits.
How Is Property Divided in Utah?
In Utah, property is divided in a manner that is 'fair and equitable.' This means that the property division must be fair and just, based on all of the circumstances of the case. Judges have a great deal of discretion to divide property in a way that is fair, taking all of the circumstances into account. This means that there is not necessarily a 'right' way to divide property. It also means that there is not necessarily a 'wrong' way to divide property. There are many factors that can be taken into account, including the circumstances of the case.
What Is Considered Marital Property in Utah?
In Utah, property is considered marital property if it was acquired during the marriage by either spouse or both spouses working together. This includes property that was acquired with only one spouse's income, as long as it was acquired during the marriage. This includes property such as:
- interests in businesses;
- insurance policies;
- credit cards;
- assets in a business;
- personal property;
- real property;
- property acquired with only one spouse's income;
What Is Considered Separate Property in Utah?
Separate property is any property that is not considered marital property. In general, separate property includes:
- property that was owned by a spouse before the marriage;
- gifts to a spouse;
- inheritances received by a spouse;
- income earned by a spouse before the marriage;
- income earned by a spouse after the separation;
- revenue generated by separate property;
- assets acquired by a spouse after a separation (if the asset is not marital property).
However, if a spouse uses separate property to benefit the marriage (for example, if a spouse spends their separate property on a family vacation that they share with their spouse), that property may be considered marital property.
Additionally, if a spouse receives separate property during the marriage (for example, if a spouse receives an inheritance during the marriage), that property may be considered marital property if it is used during the marriage. In other words, it is important to discuss and document the source of all property, both separate and marital, to ensure that it is not classified incorrectly.
What Happens if One Spouse Commits Adultery?
In Utah, adultery may be considered when dividing property. However, the court will only consider the impact of the adultery on the marriage when determining the division of property. For example, if one spouse left the marital home as a result of the adultery, it is likely that the court will grant more of the marital property to the spouse who stayed in the marital home.