October 8, 2010

Property Division | Utah Divorce Lawyers

Utah Divorce Property Laws

In Utah, one of the most difficult issues in a divorce can be the question of how to divide property. Utah is referred to as an “equitable distribution” state in the law. This means that if the two divorcing parties are unable to reach a settlement on their own of how to divide the property, the court takes into account each individual’s situation and find an appropriate and equitable solution. Some people become confused because equitable does not usually mean equal but rather what the court determines is fair. To automatically believe that the court will give each side fifty percent of the property of the marriage is a wrong assumption to make.

Equitable Division of Property

Property is a tangible thing, sometimes referred to as chattels. These things often have some sort of value as a whole, but can not be divided into pieces. Often the value placed upon the property in a marriage can have very different values depending on what the property is. A house obviously has value both inside and outside a family but certain family heirlooms might have high value to a negotiating side but be worthless outside the family itself. Within the marriage varying values can be assigned to different portions of the property often making it difficult for the two parties to agree on a fair division of the property through a signed Marital Settlement Agreement without some sort of outside help be it through representative counsel, a Utah mediator or both. If mediation breaks down it is more important for the parties to retain council to ensure that the equitable distribution by the court recognizes all the relevant facts and makes a truly fair decision.

Don’t Go Through This Difficult Time Alone

If you or your spouse has made the difficult decision to get divorced don’t feel you must do it alone. The experienced Utah Divorce Lawyers at the Utah Divorce Hotline can help you to sort through these very real and hard decisions. Whether it be help through the mediation process or the lengthy process of a court order of equitable distribution, UDH will be with you every step of the way to ensure you receive what you are entitled to. Call us today at 801.618.1331.