Agreement For Division Of Property In Utah
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Dividing up property yourselves List your belongings. Working together, make a list of all of the items that you own jointly. Value the property. Try to agree on the value of anything worth more than a specific agreed amount, say $100 or $500. Decide on the logical owner. Get the judge's approval.
Utah uses the equitable distribution method. Courts divide marital property ing to what is fair to both parties. Parties in short-term marriages may not receive a 50/50 split during the division of property. Instead, the court may put the parties back where they were before the marriage.
With that said, the general rule, even for short-term marriages, is 50/50 division. However, in some very short-term marriages, the courts may put spouses back into the financial position they were in before the marriage – that is, each spouse gets the asset that belonged to him/her at the beginning of the marriage.
So, the takeaway here is that the court has the discretion to determine what a short-term marriage is and whether to grant alimony, but the cut-off is somewhere around 5-8 years or so. Our experience is that a spouse in a marriage lasting less than five years will not typically be granted alimony at trial.
For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property. For short term marriages, the court may put the people back into the economic position they had before the marriage.
The grounds for legal separation in Utah are the same as those for divorce: irreconcilable differences, a spouse's willful desertion for one year, adultery, cruelty, or the other spouse's conviction of a felony. Once a spouse files the petition, the other receives a copy and may respond to it.
