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How is property divided in Utah?


Property division may be one of the most significant concerns a divorcing couple has. It can be helpful to understand it and have answers to important questions like what property will be divided. Utah follows equitable property division rules when dividing property during a couple's divorce. This means that the family law court will seek to divide marital property as fairly as possible.

Marital property general includes all property acquired during marriage. How property is categorized is important for property division purposes. To determine how to fairly divide that property, the family law court considers the length of the marriage; the age and health of the divorcing spouses; the occupations of the spouses; and the amounts and sources of income of the parties, as well as other related considerations.

A long-term marriage may result in a fifty-fifty division of property, while a short-term marriage may result in the court simply placing the parties back in the same economic position they were in prior to the marriage. Non-marital property, such as gifts and inheritances received by one of the spouses, are generally not subject to property division during the divorce process. This blog also recently discussed prenuptial agreements which can have a significant impact on property division if the couple has one.

There are a variety of different types of property the couple may have, ranging from real property to retirement accounts, that will need to be divided during the divorce process. Couples can help facilitate a smoother divorce process by being familiar with how property will be divided so that a fair property division agreement can be reached that both couples can live with.

Source: Utah Courts, "Property Division," Accessed Sept. 5, 2017

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