The second biggest dispute in Utah divorces after issues concerning the children are issues concerning property. There are a number of factors that encourage couples to fight over property, it may be because of greed, or they don’t want the other person to have it, or because they actually want or need the item. Whatever the reasoning is for the fight the reality is that there is often a fight and if the parties can’t come to an agreement as to how to divide their property then the judge will make the decisions for them and that decisions is usually a fair and equitable distribution which roughly means half and half.
The Basis for Dividing Property in Northern Utah Divorces
The process that a court uses to divide property in a divorce starts with identifying what is called the marital estate. What this means is that the court will first define all the property that is owned by the marriage, this includes all property acquired during the marriage or that was paid for by marital assets. Items that are non-marital property include property owned before the marriage, or property that was received by gift or inheritance during the marriage. These non-marital property items are not included in the marital estate and are awarded to the party who owned them before the marriage or received them as a gift or inheritance. The rest of the property is then divided fairly and equitably, the judge decides what is fair and equitable but it usually ends up being a close to 50/50 split.
Getting help with your Property Division Fight | Ogden Divorce Attorney
If you are going through a divorce or are about to then it is a great idea to have an experienced divorce attorney helping you understand your rights and educating you in the divorce process so you can make informed decisions. Call or email us at Ogden Divorce Law today to get your questions answered and receive the help you need.