Property Division

Will I Lose Claim to our Home’s Equity in the Divorce if I Move Out?

By |October 8th, 2019|Categories: Property Division|

You’ve decided to get divorced. It’s not an easy decision. In fact, it’s one you’ve struggled with for years. Now that you’ve made the decision, though, you want to move out because staying in the same house feels awkward. But, you’ve heard from your friends that if you move out, you’ll have abandoned the home and [...]

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Will I Be Able to Keep the Marital Home after my Divorce?

By |September 28th, 2019|Categories: Property Division|

Divorce is one of the most stressful events you will ever do through in your life. One of the aspects that makes it so challenging is moving. On top of everything else (losing your spouse, your family breaking up, your stress about money), you may have to sell your home and move away from your friends [...]

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I’m the Only One on the House Title; Can I Evict my Spouse?

By |April 11th, 2019|Categories: Property Division|

You’ve had it. You’re done. You want a divorce. And you want your spouse to leave the house. This makes sense because you bought the house before you got married, and you’re the only one on the title. In other words, this is your house, and you want your soon-to-be ex out. Can (and should) you [...]

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I’m Getting Divorced; What Should I Do with the Cash in our Safe?

By |March 16th, 2019|Categories: Property Division|

Lots of families have safes in their homes. They keep all sorts of things in them, like: guns, jewelry, birth certificates and other documents, and, most importantly, cash. This makes sense. You don’t want a bunch of cash floating around your house where anyone can take it. And cash is great. My family and I are [...]

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How Do You Deal with Non-Vested Pensions in Utah Divorce?

By |December 5th, 2018|Categories: Property Division|

A few months ago, Steve’s wife came to him and said she wasn’t happy and was thinking about ending their marriage. Steve was, needless to say, surprised. Since then, Steve and his wife have worked on things and have tried counseling. Nothing’s worked. Eventually, Steve’s wife filed for divorce. One of the issues Steve is trying [...]

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Sarah’s Getting Divorced — How Did this Happen, and What Now?

By |November 30th, 2018|Categories: Alimony, Child Custody, Child Support, Divorce Mediation, Flat Fees, Property Division, Uncategorized|

Sarah married her husband what seems like forever ago. That was a time of such joy and hope. Back then, Sarah felt like she was on top of the world and that her life had such potential. Sarah and her husband got through school and had kids. These births were, of course, filled with joy and [...]

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Who Pays the Credit Cards in Utah Divorces?

By |November 23rd, 2018|Categories: Property Division|

Maybe you’re thinking about divorce, but you’re scared because you have a lot of debt and you’re not sure what will happen to it in divorce. Take solace: you are not alone. This is a really big concern for many people thinking about divorce. Now, debt comes in different forms. Most people have house debt, but [...]

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My Ex Won’t Pick Up her Stuff from the House; What Should I Do?

By |March 22nd, 2018|Categories: Property Division|

Lots of weird things happen in Utah divorces. One of the stranger things is when people fight for personal property (i.e., clothes, TVs, furniture, beds, etc.) and then never come pick it up. It happens more often than you would think. I’m not sure why. Maybe it’s laziness, maybe it’s lack of time, maybe someone simply [...]

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Can my Ex Get my Separate Non-Marital Property in the Divorce?

By |March 6th, 2018|Categories: Alimony, Child Support, Property Division|

One of the most common questions people ask me is something like this: “can my ex get my non-marital property in the divorce?” In Utah, the general answer is “no.” This is because non-marital property (Utah divorce attorneys call it “separate property”) doesn’t belong to the marriage. Since it doesn’t belong to the marriage, the court [...]

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Memorandum about Utah Divorce Alimony and More

By |March 2nd, 2018|Categories: Alimony, Property Division|

I. ALIMONY. There are three standards the Court can use to determine alimony. They are alimony based on the Jones factors, Parties' standard of living, and fault. UTAH CODE § 30-3-5(8). First, in Jones v. Jones, 700 P.2d 1072 (Utah 1985), the Utah Supreme Court gave three factors a court should examine when considering the needs [...]

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