Utah Marital Property Laws

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 of the person who acquired it.

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.

Equitable Distribution vs. Community Property

Courts divide marital property using two methods: equitable distribution and community property. Utah uses the equitable distribution method. Courts divide marital property 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.

In Utah, marital property includes 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.

Separate property, 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:

• Gifts, bequests, and inheritances
• Child support and alimony from previous relationships
• Personal injury settlements
• Property excluded by prenuptial agreements or other agreements

As a general rule, debt acquired before marriage and personal debts gained during marriage become the debtor's property. For instance, if one spouse runs up debts for personal property on their credit card, they will keep that debt after the divorce. Debts to improve the family home are marital debts and get divided like marital assets.

Utah follows the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA). This law allows a person who lived in a state with community property laws (such as Nevada and Idaho) and then moved to an equitable distribution state, like Utah, to keep their property rights.

Property Division Basics

When making the property disposition, Utah courts consider several factors. Judges consider:

• The length of the marriage
• The earning capacity and employment status of each spouse
• Tax consequences of the property division
• Each spouse's age and health
• Relative contributions to the marriage, including child care and housework

Marital assets include all property gained during the marriage, including:

• Wages and income
• Real property, regardless of the name on the title
• Retirement benefits and pension plans

Some debts and liabilities become part of the marital estate.

Get Legal Advice from a Utah Family Law Attorney

Couples should consult an experienced Utah divorce lawyer to discuss their rights, assets, liabilities, and options so they don't waive their marital property rights.