UTAH MARITAL DEBT
Please select from below for applicable Utah statutes and explanations:
* This is by no means intended to be a
complete description of marital debt rights and obligations
in the State of Utah. This page is intended to give a litigant
an idea of the marital debt apportionment process. A complete
description of rights can be found in the Utah Code and
the Utah Rules. Do not rely on this page alone for guidance;
consult with an attorney. This page does not create an
attorney-client relationship.
Please contact Edward Stone for more information.
Utah
Marital Debt - Creditor's Rights for Joint Obligors
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Utah Code, Section
15-4-6.5
15-4-6.5. Divorce or separate maintenance of co-obligors
(1)
On the entering of a decree of divorce or separate
maintenance of joint debtors in contract, the
claim of a creditor remains unchanged unless otherwise
provided
by the contract or until a new contract is
entered into between the creditor and the debtors
individually.
(2) In addition to his duties
as a secured party under Section 70A-9-112 and
his duties as
a trustee or beneficiary
of a trust deed under Title 57, Chapter 1,
Conveyances, a creditor, who has been notified
by service of a copy
of a court order under Sections 30-3-5 or
30-4-3 that the debtors are divorced or living
separately
under
an order for separate maintenance, and who
has been expressly advised of the separate, current
addresses
of the debtors either by the court order
or by other written notice, shall provide to the
debtors
individually
all statements, notices, and other similar
correspondence required by law or by the contract.
(3)(a) Except as provided in
Subsection (b), a creditor may continue to make
negative credit
reports of joint
debtors under Section 70C-7-107 and may
report the repayment practices or credit history
of
joint debtors
under Title 7, Chapter 14, Credit Information
Exchange.
(b) With respect to a debtor
who is not ordered by the court under Sections
30-3-5 or 30-4-3
to make payments
on a joint obligation, no negative credit
report under Section 70C-7-107, and no
report of the debtor's repayment
practices or credit history under Title
7, Chapter 14, Credit Information Exchange,
may be made regarding
the joint obligation after the creditor
is
served notice of the court's order as
required under Subsection (2),
unless the creditor has made a demand
on the debtor for payment because of the failure
to make payments
by the other debtor, who is ordered by
the court to make the payments.
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Utah
Marital Debt - Creditor's Obligations for Joint Obligors
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Utah Code, Section
15-4-6.5
15-4-6.5. Divorce or separate maintenance of co-obligors
(1)
On the entering of a decree of divorce or separate
maintenance of joint debtors in contract, the
claim of a creditor remains unchanged unless
otherwise
provided by the contract or until a new contract
is entered into between the creditor and the
debtors individually.
(2) In addition to his duties
as a secured party under Section 70A-9-112 and
his duties
as a trustee
or beneficiary of a trust deed under Title
57, Chapter 1, Conveyances, a creditor, who
has been notified
by service of a copy of a court order under
Sections 30-3-5 or 30-4-3 that the debtors
are divorced or
living separately under an order for separate
maintenance, and who has been expressly advised
of the separate,
current addresses of the debtors either by
the court order or by other written notice,
shall provide to
the debtors individually all statements,
notices, and other similar correspondence required
by
law or by the contract.
(3)(a) Except as provided in
Subsection (b), a creditor may continue to make
negative credit
reports of joint
debtors under Section 70C-7-107 and may
report the repayment practices or credit history
of
joint debtors
under Title 7, Chapter 14, Credit Information
Exchange.
(b) With respect to a debtor
who is not ordered by the court under Sections
30-3-5 or 30-4-3
to make
payments on a joint obligation, no negative
credit report under Section 70C-7-107,
and no report of
the debtor's repayment practices or credit
history under Title 7, Chapter 14, Credit
Information Exchange,
may be made regarding the joint obligation
after the creditor is served notice of
the court's order
as required under Subsection (2), unless
the creditor has made a demand on the
debtor for payment because
of the failure to make payments by the
other debtor, who is ordered by the court
to make
the payments.
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Utah
Marital Debt - Negative Credit Reports
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Utah Code, Section 15-4-6.5
15-4-6.5. Divorce or separate maintenance of co-obligors
[Sections
Omitted]
(3)(a) Except as provided in
Subsection (b), a creditor
may continue to make negative credit reports
of joint debtors under Section 70C-7-107
and may report the
repayment practices or credit history of
joint debtors under Title 7, Chapter 14, Credit
Information
Exchange.
(b) With respect to a debtor
who is not ordered by the court under Sections
30-3-5 or 30-4-3
to make
payments on a joint obligation, no negative
credit report under Section 70C-7-107,
and no report of
the debtor's repayment practices or credit
history under Title 7, Chapter 14, Credit
Information Exchange,
may be made regarding the joint obligation
after the creditor is served notice of
the court's order
as required under Subsection (2), unless
the creditor has made a demand on the debtor
for
payment because
of the failure to make payments by the
other debtor, who is ordered by the court to
make the
payments.
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Utah
Marital Debt - Separate Debts of Spouse
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Utah Code, Section 30-2-5
30-2-5.
Separate debts
(1) Neither spouse is personally
liable for the separate
debts, obligations, or liabilities of the other:
(a) contracted or incurred
before marriage;
(b) contracted or incurred
during marriage, except family expenses as
provided in Section
30-2-9;
(c) contracted or incurred
after divorce or an order for separate maintenance
under this title,
except
the spouse is personally liable for
that portion of the expenses incurred
on behalf
of a minor
child for reasonable and necessary
medical and dental expenses,
and other similar necessities as
provided
in a court order under Section 30-3-5,
30-4-3, or
78-45-7.15,
or an administrative order under
Section 62A-11-326; or
(d) ordered by the court to be paid
by the other spouse under Section
30-3-5 or 30-4-3
and not
in conflict with Section 15-4-6.5
or 15-4-6.7.
(2) The wages, earnings,
property, rents, or other income of one spouse
may not be
reached
by a creditor
of the other spouse to satisfy
a
debt, obligation, or liability
of the other
spouse, as described
under Subsection (1).
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Utah
Marital Debt - Notice Requirement to Creditors
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Utah Code, Section 30-3-5
30-3-5. Disposition of property--Maintenance and
health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
(1)
When a decree of divorce is rendered, the court
may include in it equitable orders relating
to
the children, property, debts or obligations,
and parties. The court shall include the
following in every decree of divorce:
[Sections Omitted]
(c) pursuant to Section
15-4-6.5:
(i) an order specifying
which party is responsible
for the payment of joint debts,
obligations, or liabilities of the parties
contracted
or incurred
during marriage;
(ii) an order requiring the parties
to notify respective creditors
or obligees, regarding
the court's division
of debts, obligations,
or liabilities and regarding the parties'
separate, current addresses; and
(iii) provisions for the enforcement
of these orders; and
(d) provisions for income
withholding in accordance
with Title 62A,
Chapter 11, Recovery
Services.
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Utah
Marital Debt - Creditor's Rights of Children's Medical
Care Provider
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Utah Code, Section 78-45-3
78-45-3. Duty of man
(1)
Every father shall support his child; and every
man shall support his wife when she is
in need.
(2) Except as limited in a court order under
Section 30-3-5, 30-4-3, or 78-45-7.15:
(a) The expenses incurred
on behalf of a minor child for reasonable and
necessary
medical and
dental expenses, and other necessities
are chargeable upon the property
of both parents, regardless
of the marital status of the parents.
(b) Either or both parents may be sued
by a creditor for the expenses
described in Subsection (2)(a)
incurred on behalf of minor children.
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Utah
Marital Debt - Rights of Creditors Post Divorce
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Utah Code, Section
15-4-6.5
15-4-6.5. Divorce or separate maintenance of
co-obligors
(1)
On the entering of a decree of divorce or separate
maintenance of joint debtors in contract,
the claim of a creditor remains unchanged
unless otherwise provided by the contract or
until a
new contract is entered into between the
creditor and the debtors individually.
(2) In addition to his duties as a secured
party under Section 70A-9-112 and his duties
as a trustee
or beneficiary of a trust deed under
Title 57, Chapter 1, Conveyances, a creditor,
who has
been
notified by service of a copy of a court
order under Sections 30-3-5 or 30-4-3 that
the debtors
are divorced or living separately under
an order for separate maintenance, and who
has been
expressly
advised of the separate, current addresses
of the debtors either by the court order
or by other
written notice, shall provide to the
debtors individually all statements, notices,
and
other similar correspondence required by
law or by
the contract.
(3)(a) Except as provided in Subsection
(b), a creditor may continue to make
negative credit
reports of joint debtors under Section
70C-7-107 and may report the repayment
practices or credit
history of joint debtors under Title
7, Chapter 14, Credit Information Exchange.
(b) With respect to a debtor who is
not ordered by the court under Sections
30-3-5
or 30-4-3
to make payments on a joint obligation,
no negative credit report under Section
70C-7-107, and no
report of the debtor's repayment
practices or credit history under Title 7,
Chapter
14, Credit
Information Exchange, may be made
regarding the joint obligation after the creditor
is served
notice of the court's order as required
under Subsection (2), unless the
creditor
has made
a demand on the debtor for payment
because of the failure to make payments
by the
other debtor,
who is ordered by the court to make
the payments.
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Utah
Marital Debt - Judicially Apportioning Debt
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Utah Code, Section
30-3-5
30-3-5. Disposition of property--Maintenance
and health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
(1) When a decree of divorce
is rendered, the court may include in it equitable
orders relating
to the children, property, debts or obligations,
and parties. The court shall include the
following in every decree of divorce:
[Sections Omitted]
(c) pursuant to Section
15-4-6.5:
(i) an order specifying
which party is responsible
for the payment of joint debts,
obligations, or liabilities of the parties
contracted
or incurred during marriage;
(ii) an order requiring the parties
to notify respective creditors
or obligees,
regarding the
court's division of debts,
obligations, or liabilities and regarding
the parties' separate, current
addresses; and
(iii) provisions for the
enforcement of these
orders; and
(d) provisions for income
withholding in accordance
with Title 62A,
Chapter 11, Recovery
Services.
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Utah
Marital Debt - Liability of Both Parents for Children's
Medical Costs
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Utah Code, Section 78-45-4
78-45-4. Duty of woman
(1)
Every woman shall support her child; and she
shall support her husband when he is in need.
(2) Except as limited in a court order under
Section 30-3-5, 30-4-3, or 78-45-7.15:
(a) The expenses incurred
on behalf of a minor child for reasonable and
necessary
medical and
dental expenses, and other necessities
are chargeable upon the property
of both parents, regardless
of the marital status of the parents.
(b) Either or both parents may be sued
by a creditor for the expenses
described in Subsection (2)(a)
incurred on behalf of minor children.
Utah Code, Section 78-45-3
78-45-3. Duty of man
(1)
Every father shall support his child; and every
man shall
support
his wife
when she is
in need.
(2) Except as limited in a
court order under Section
30-3-5, 30-4-3,
or 78-45-7.15:
(a) The expenses incurred
on behalf of a
minor child for
reasonable and
necessary
medical and
dental expenses,
and other necessities are
chargeable
upon the property
of both parents,
regardless of the marital status
of the parents.
(b) Either or both
parents may be
sued by a creditor for
the
expenses described
in Subsection
(2)(a) incurred on behalf
of minor children.
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