Property Division at Mediation

Todd Peterson — Tue, 04 Feb 2014 19:52:24 +0000

One of the biggest issues in divorce is money and property and understandably so, as people split up they have to start thinking about how they are going to make it on their own. While everyone characterizes property division as a vindictive process of “taking every penny” or something along those lines, the reality is much different, both in purpose and outcome. While people may start out looking for revenge or to “stick it” to their ex, after a couple months of living on their own they realize their need for a stable income and their stuff.

What to Expect at Mediation

When it comes to mediation one of the scenarios that lends itself best to reaching a settlement is when the parties are only fighting over property and finances. That being said reaching a settlement is never easy and the parties should normally not expect to just be in and out at the mediation. The baseline for what a person should expect when going into mediation, in regards to property division, is that the marital estate will more or less be split in half and given 50% to each party. This doesn’t necessarily mean that everything must be sold but that is often an important option, especially when it comes to real estate.

Ogden Family Law Attorney | Getting Help for Mediation

If you are thinking about getting divorced or are already in the process of divorce and need to move toward mediation then call the lawyers at Ogden Divorce Law. Our attorneys have represented hundreds of clients in their divorce and mediation process and we can help calm your feels and protect your rights as you work towards a resolutions to your case. Call or email us today to find out more about how we can help you in your divorce.

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Marital Property in Utah

Todd Peterson — Tue, 13 Aug 2013 17:50:06 +0000

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.