{"id":376762,"date":"2016-03-31T21:37:03","date_gmt":"2016-04-01T02:37:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-marital-property-laws.html"},"modified":"2024-09-18T15:36:12","modified_gmt":"2024-09-18T20:36:12","slug":"utah-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-marital-property-laws.html","title":{"rendered":"Utah Marital Property Laws"},"content":{"rendered":"\n
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Utah Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Utah’s law on property division during divorce or legal separation is like that of most other states. Utah is an equitable division state. Property acquired during marriage becomes part of the marital estate. Property acquired before the marriage remains the separate property<\/a> of the person who acquired it.<\/p>\r\n

The distribution of property during a divorce is one of the most contentious parts of any dissolution. Separating couples should consult a divorce attorney, even if their separation has been going well.<\/p>\r\n

Equitable Distribution vs. Community Property<\/b><\/h2>\r\n

Courts divide marital property using two methods: equitable distribution<\/a> and community property<\/a>. Utah uses the equitable distribution method. Courts divide marital property<\/a> according to what is fair to both parties. Parties in short-term marriages may not receive a 50\/50 split during the division of property. Instead, the court may put the parties back where they were before the marriage.<\/p>\r\n

In Utah, marital property includes<\/a> any property acquired during the marriage and any separate property that the marital estate uses. For instance, if one spouse owned a house before the marriage, but the couple moved into it and used it as the family house, it is marital property.<\/p>\r\n

Separate property<\/a>, <\/b>or non-marital property, is any property acquired before the marriage and property purchased or gotten during the marriage with separate assets. Other separate property includes:<\/p>\r\n