UTAH MARITAL PROPERTY
Please select from below for applicable Utah statutes and explanations:
* This is by no means intended to be a
complete description of property rights in the State of
Utah. This page is intended to give a litigant an idea
of the custody/support 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
Property - Division of Obligations
|
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:
(a) an order assigning responsibility
for the payment of reasonable and necessary
medical and
dental expenses
of the dependent children;
(b) if coverage is or becomes
available at a reasonable cost, an order requiring
the purchase and maintenance
of appropriate health, hospital, and
dental care insurance for the dependent children;
(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.
|
|
Utah
Property - Separate Property
|
Utah Code, Section
30-2-1
30-2-1. Wife's rights in property- Liability for
husband's debts.
Real and personal estate of every
female acquired before marriage, and all property
to which she
may afterwards become entitled by purchase, gift,
grant, inheritance,
bequest or devise, shall be and remain the estate and property of such female,
and shall not be liable for the debts, obligations, or engagements of her husband,
and may be conveyed, devised or bequeathed by her as if she were unmarried.
Utah Constitution, Article IV,
Section 1
Real and personal property owned by either party
prior to marriage, or acquired by a party by
gift or inheritance, as well as the property's
increase after the
marriage, remains the separate property of the party. In order for the property
to remain separate property it must be kept separate and not commingled.
|
|
Utah
Property - Marital Property
|
Utah Probate Code Section 75-2-202(2)(a)
For purposes of Subsection 75-2-201(1), "marital
property" means all...property acquired by
[a party] subsequent to the...marriage...except:
(i) property acquired by gift, devise or descent;
(ii) property acquired in exchange for property
acquired prior to the...marriage...or in exchange
for property acquired by gift, devise or descent;
and (iii) the increase, rents, issues, and profits
on property acquired prior to the...marriage...and
on property described in (i) and (ii).
|
|
Utah
Property - Real Property
|
The effect of title: the Utah
courts have long held that if a piece of real property
is within the marital estate, the court may distribute
it equitably regardless of title. The practical
effect is that courts may force transfers of title.
Jackson v. Jackson, 617 P.2d 338, 340-341.
|
|
Utah
Property - Post Separation/Pre-Divorce Property
|
Property acquired after separation
but before divorce is subject to equitable distribution
by the court. Udy v. Udy, 893 P.2d 1097 (Ut. Ct.
App. 1995). This includes all types of assets,
such as purchases of homes, employment raises,
bonuses, and stock options.
|
|
Factors
in Property Division
|
The trial court is allowed considerable
discretion in the division of marital property,
so long as the decision comports with the common
law standards set by the Utah appellate courts.
The Utah Supreme Court has defined the factors
for the trial court to consider in equitably
distributing property:
1. the amount and kind
of property to be divided;
2. whether the property was acquired before
or during the marriage;
3. the source of the property;
4. the health of the parties;
5. the parties standard of living;
6. respective financial conditions, needs,
and earning capacity;
7. the duration of the marriage;
8. the children of the marriage;
9. the parties' ages at the time
of marriage and of divorce;
10. what the parties gave
up because of the marriage;
11. the necessary relationship
the property division
has with the amount
of alimony
and child support
to be awarded.
Burke v. Burke, 733 P.2d 133, 135 (Utah 1987).
Most notably, the factors do not include which
spouse was not more financially productive. In
Lee v. Lee, 744 P.2d 1378 (Utah Ct. App. 1987),
the husband started a business and the wife took
care of the home and performed some secretarial
work. The court rationalized that the wife's
duties allowed the husband to devote his full
time to the business. The court held that the
wife was entitled to her share of equitable distribution
of the marital assets. As such, the case law
in Utah requires the court to consider non-economic
and well as economic contributions to the marriage.
|
|
|
