Utah is a marital property state. Therefore, if you are married, and getting divorced, the way it works is everything that you have acquired during your marriage is considered marital property. This means both of you own it. When going through a divorce, the court will usually split the property fifty-fifty. There are some exceptions to that general rule. For example, if you received an inheritance from one of your parents, your spouse is not entitled to that unless it has been co-mingled with your spouse. This means that you have converted it into joint or marital property by depositing it into a joint bank account, or using it to purchase a home, and that both names are on the title.
Usually, if you inherit money or something like that from the death of a family member, that is your property, and that is separate. It is not considered marital property. Another exception would be if you got into a car accident, or were injured, that would be considered your property, unless you co-mingle that. The general rule is that everything you own, or acquire while you are married, including debt belongs to both spouses. It is split equally upon a divorce.
How Is The Date Of Filing The Petition A Critical Factor In A Divorce?
After you file a petition for a divorce, that trigger date usually ends the assets, and debt divisions, after you file a petition for a divorce. After the petition for divorce is filed, what happens next is that any future property acquired, or future debt becomes separate and not marital property.
Does Someone Forfeit Their Rights If They Move Out Of A Marital Home While Their Spouse Resides There?
If you move out of the house, it all depends on who owns the title to the house. Does the deed say that you are both are on title, or is it just one spouse name on the title? That title represents ownership. Therefore, if you are both on the title and one of you moves out, it does not necessarily mean that you have abandoned the property. You still have a right to half of the equity in the property, and you are very likely responsible for the debt. It depends on who has signed the promissory note, and in the state of Utah, it is called a deed of trust. In other states, it is called a mortgage. The responsibility for the house does not disappear just because you moved out. It really depends upon the legal paperwork that was signed, and how the title is recorded in the county recorder’s office. It is the little things that an attorney can look at; most people are not familiar with those things, off the top of their heads.
Always look at the closing papers when you purchased the home, and see if your name is actually on it. If it is, then just by leaving, you are not abandoning it. If you are still on the mortgage, or the deed of trust, which means that you have to keep paying on the mortgage. Until the court makes an order, if you have paid in the past, then you must continue to do so. Even if you moved out, you still are responsible for not only paying the mortgage, but the utilities, taxes, and costs that are associated with the house.
How Can A Couple Work Out Who Stays At Home During The Pendency Of The Divorce?
I would recommend if there is an issue as to who is moving out, with both spouses still living in the house, and neither wants to move out, is get in front of a judge as soon as possible, and file a motion for temporary orders in court. In the Salt lake area, you are looking at thirty to forty days before you can get in front of a judge. You are going to have to suffer a bit, until we can see a judge. Sometimes spouses will work things out on their own, but that is not always the case. Sometimes we just need to file a motion for temporary orders to get the case moving as quickly as possible. We can get temporary provisions that may state the husband, or wife is going to keep the house, and we go from there. Without having an order in place, there is no precedence unless somebody abandons the house, or someone moves out.
For more information on Division Of Property & Debt, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 676-5506 today.
Everyone needs a good lawyer at some point.
If you are here, you have a legal issue. So call Ascent Law for your free initial consultation now (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
Telephone: (801) 676-5506