One of the most heated arguments in any divorce after child custody issues is over property division. Along with alimony requests, property division probably brings out the worst in divorcing couples as they try to find reasons why they deserve to get everything and why their spouse deserves nothing. But before all the mud slinging and finger pointing starts it is important to remember that the court is not set up to punish people in divorce cases for not being faithful, not being nice, not being everything you ever wanted in a spouse, or any other reason why you think they should be left homeless and penniless. In fact most judges are actually looking the equalize the spouse situations so that they are left in a relatively similar spot to where they were before the divorce.
Equatable Division of Marital Property in Northern Utah
Utah considers all property obtained during a marriage to be marital property and to be equally owned by the spouses. This means that even if property was purchased by the husband with money that the husband earned on his own it is still as much his as it is his wife’s. The property division in a divorce is only concerned with marital property so if assets were received before the marriage or by inheritance or gift then it is not marital property and thus not considered in the property division. When Utah courts do a property division they are focused on a an equitable division, where equitable means fair but not necessarily equal.
Ogden Divorce Attorney | Fighting for your Property
If you are going through a divorce in Ogden, Layton, Farmington, or any other part of Northern Utah and you are worried about losing all your property to your spouse then call Ogden Divorce Law today for help. Our attorneys can help you understand what to expect from the property division process and have the correct expectations going in as well as helping you fight for what you deserve.