Utah Divorce Attorney Family Law
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Does a spouse have any right to property owned by another spouse in a Utah divorce?

In a Utah divorce action, a home or other real property may have been formally titled in the name of only one spouse.  This may have been done intentionally to try to protect the asset.  The property may have been owned originally by one spouse prior to the marriage.  Sometimes this occurs because one spouse was not available to sign the necessary documents when the property was being purchased.  Regardless of the reason that property is held under the name of just one spouse, a husband or wife may have an equitable claim against the property that is recognized by Utah courts in a divorce action.  A home or other real estate holdings often make up the largest part of a couple's marital assets.  The distribution or division of those assets can be a hotly contested issue in a Utah divorce case.  Having an experienced attorney on your side can help guarantee that your rights are protected.

In a divorce case, Utah courts have the authority to make an equitable distribution of marital property.  This means that the court may consider a variety of issues in dividing the property - not just who paid for the property or who holds title to the property.  It is often the case that one spouse has put his or her career on hold in order to put the other spouse through school or to stay home and raise children.  A court may consider how these contributions have affected the other spouse's earning power, and may make a compensating adjustment in dividing marital property or awarding alimony.

Based in Salt Lake City, we offer legal services to clients throughout Utah.  Contact us today to schedule an initial consultation with a Utah divorce attorney.

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Canyons Law Group, LLC | 952 S. Main St., Suite A | Layton, UT 84041

by Stephen W. Howard, P.C.

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