How Can You Keep Your House in a Divorce?

Who Keeps the House in a Utah Divorce?

Who keeps the house? It’s a question that is frequently disputed in Utah’s divorce courts, but a South Jordan divorce attorney will work to help you keep your home and will advocate aggressively for your property rights in a Utah divorce proceeding.

How is a couple’s property classified and divided in a divorce in this state? How will a South Jordan property division attorney help you and protect your property rights during a divorce proceeding? When should you contact that attorney?

What is Equitable Distribution?

Utah is not a “community property” state. In a divorce proceeding, Utah courts divide property using the “equitable distribution” method. This method requires the courts to be fair and “equitable” to both divorcing spouses, although marital property may not be divided “fifty-fifty.”

Utah law defines marital property as any property obtained in the course of the marriage and any separate property used by the marital estate. For example, if one partner owned a house prior to the marriage, but the couple lived there and used it as a family home, it is marital property.

What is Considered Separate or Personal Property?

Separate or personal property is the property obtained prior to the marriage and any property obtained or purchased in the course of the marriage with separate, personal assets. What else is considered separate property? In a Utah divorce, separate property may include:

1. spousal support or child support payments from a previous relationship
2. compensation awards for personal injuries
3. bequests, gifts, and inheritances
4. property excluded by a prenuptial agreement or another legally binding agreement

What is Considered Marital Property?

Marital property includes all of the property obtained in the course of the marriage. Liabilities and debts may also become part of a marital estate. Marital property may include but isn’t limited to:

1. wages and other income
2. real property, without regard to the name on the title
3. pension plans and retirement benefits

So, What Happens to the House?

If the family home was purchased in the course of the marriage, or if both spouses paid for the home’s purchase or maintenance, the home is considered marital property, and it must be “divided” in a divorce.

If the divorcing spouses can agree or compromise regarding the family home, in almost all cases, a Utah court will approve that agreement. If the divorcing spouses cannot agree or compromise regarding the family home, the court will decide the fate of the home and how it will be divided.

What Does the Court Consider?

When a court determines which partner gets the house or whether the house will be sold and the proceeds divided, several questions must be answered:

1. Does one partner want the house? If you have children, keeping the home may help maintain stability in their lives. But can you afford the house on your own? Before you insist on keeping it, consider mortgage payments, maintenance, and property taxes.
2. Who has child custody? In a divorce, Utah courts make a child’s best interests the top priority. If you have physical custody of the child or children most of the time, you’ll have a stronger case for keeping the family home.
3. Who earns and contributes more? If you’ve paid for and contributed substantially more to the house than your partner, you may have a stronger case for keeping the house.
4. Who will earn more in the future? If one partner is expected to earn more in the future, that partner may be in a better position to handle the mortgage, taxes, utilities, and repairs.

Other options include liquidating the family home and splitting the proceeds, one spouse buying out the other’s share, or agreeing to a trade-off where one partner gets the house and the other receives equivalent assets such as stocks or retirement funds.

How Will Your Divorce Attorney Help?

When divorcing spouses cannot privately reach an agreement about their home, resolving the question of who gets the house can be difficult. A South Jordan divorce attorney can facilitate discussions between the divorcing spouses and/or negotiate on your behalf.

Your attorney will explain each step of the property division process, address your concerns, and answer your legal questions. A South Jordan property division attorney will ensure that in your final divorce settlement, you receive what is legally and rightfully yours.

Who keeps the house in a Utah divorce is determined by financial realities, legal guidelines, and personal needs. Every divorce is unique, so you need to be represented by a Utah divorce lawyer who has substantial experience resolving the disputes that may emerge in a divorce proceeding.

What Else Should You Know About Divorcing in Utah?

In order to file for a divorce in Utah, at least one spouse must be a resident for a minimum of three months in the county where the divorce petition is filed. The petition must be served to the other spouse, who then has 21 days (if in Utah) or 30 days (if outside of Utah) to respond.

Although you may file for a fault-based divorce, it’s not necessary to prove that the other spouse has fault or blame for the divorce. You may also file for a no-fault divorce simply on the grounds of “irreconcilable differences.”

In either situation, if you and your spouse can reach voluntary agreements about the division of property and assets, the custody of your child or children, child support, and spousal support payments, your divorce will be quicker, less costly, and less acrimonious.

Let RCG Law Group Fight on Your Behalf

When you divorce, you must take steps to protect what is yours. It doesn’t matter how complex your marital and personal properties and assets are. RCG Law Group will use every available legal tool to protect your property and your rights in a Utah divorce proceeding.

The Utah family law attorneys at RCG Law Group represent clients in South Jordan and throughout the Salt Lake City area. We handle divorces and disputes over child support, child custody, spousal support, and the division of marital properties and assets.

To learn more about your property rights in a Utah divorce proceeding, or to begin the divorce process – now or in the future – contact RCG Law Group by calling 385-503-366. Your first meeting with our legal team is offered without cost or obligation.