Separate Property and Marital Property in Utah

Property Division | Divorce | Utah Divorce Lawyer

Not All Property A Couple Has is Marital Property

One big concern and source of controversy in any Utah divorce is property division.  After many years, or even a short amount of time, a Utah couple living in Salt Lake, Ogden, Provo, and other Utah cities will ordinarily acquire many items of property together.  Most divorcing couples want to know what they are entitled to keep after a divorce.

Real and personal property owned by either the man or women prior to marriage remains the separate property of either the man or women.  Gifts or inheritances will also be considered separate property of either the man or woman.  Gifts, inheritances, or property prior to marriage that increases during the time of marriage is also separate property that a former spouse is not entitled to claim.  In order for the property to remain separate property, it must be kept separate and not commingled.

Difference Between Separate and Marital Property Can Be Gray

Historically, married women were not allowed to own property and all property was controlled by her husband.  Fortunately, women now have the same rights in property as their husbands.  Married women have power to manage, control, hold, dispose of, and transfer their separate property without restriction or limitation by reason of their marriage.  They can also enter contracts relating to their property as if they were single.  Case law now defines marital property and how it is treated.  An experienced Utah divorce lawyer can help people going through divorce understand marital property.

In Utah’s divorce code, property is not defined.  Marital property was defined at one time in the Probate Code, but the section describing marital property was repealed in 1998.  The Probate Code now provides for a definition of separate property rather than marital property.  Many Utah courts have adopted the prior definition of marital property when dividing property during a divorce proceeding.  Gifts, inheritances, premarital property, and these assets’ increases are found to be separate property.

Utah Divorce Lawyer Helps You Determine Separate Property

If you are currently going through a divorce in Salt Lake, Ogden, Provo, or any other Utah city, and you need help with property division with your spouse, call a Utah divorce lawyer from Salcido Law Firm.  A Salcido Law Firm divorce lawyer will help you understand the difference between separate and marital property and what property you are entitled to keep after the divorce.  Call 801.618.1331 for your free consultation with a Utah divorce lawyer today.

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