Full question:
Prior to our marriage, I put down a $10,000 down payment for the house we purchased together. We are now divorcing. What is Utah law with regards to this situation? Am I entitled to the $10,000 as part of my divorce settlement in addition to 1/2 the equity in the house. Is the $10,000.00 considered a pre-marital asset since we weren't married at the time of the home purchase? Where can I get more information on this topic?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Utah
Answer:
If the house was acquired during the marriage, it is considered marital property unless it was purchased by one spouse with entirely separate funds, and only that spouse appears on the title. If the house was acquired by one spouse prior to the marriage, it is that spouse's separate property unless marital income has been used to pay the mortgage or the house became jointly titled.
Utah is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The court has wide discretion in dividing property.
The "separate property" of one spouse may be divided up if the property "belonging to" one of the parties should be included in the marital estate for purposes of an equitable division. Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
