Exceptions to the General Rule

There are some exceptions to the general rule regarding marital property stated above. Where we often see a thorny issue is when a party owns a piece of property, often a home, prior to the marriage but then refinances in both parties’ names, adds the other party to the title etc., the parties spend money on improvements in the home, and other related activities such that the property becomes commingled and the general rule becomes less clear. In circumstances such as this, you should always speak with a lawyer prior to taking any other action.

Equitable Division of Property

Many clients also ask us what “equitable” means when it comes to dividing property. Generally equitable means whatever the judge in your case believes would be the fair distribution of the property. However, generally thinking of it as a 50/50 equal divide as a starting point can also make sense. While equitable doesn’t always mean equal, it is a good place to start when considering a property settlement. For more information with regards to your particular facts, please call and speak with an Ogden Utah Divorce Attorney at our law office today.

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