PROPERTY AND DEBT DIVISION
This is a brief introduction to Utah law regarding division of property and debts associated with a separation or dissolution of marriage. The intent here is to provide mediating parties with a general understanding of the considerations that would guide a court's determination of this issue. Much of this information comes from the Utah Courts web page. Please note that the mediator is unable to provide individual legal advice and will not predict specifically how a court would determine particular rights between divorcing or separating parties. As a mediating party, you are encouraged and advised to seek legal information and individual advice from the attorney and other desired experts of your choice.
How is Property Divided?
In Utah, the law recognizes that spouse who works in the home and outside the home both contribute to the property acquired during the marriage, regardless of the income source. Utah requires an "equitable" though not necessarily equal division of such property, depending upon how long the marriage lasted, the age and health of the parties, their occupations and the amounts and sources of income and related matters. The courts have the power to apportion all property owned by either or both of the spouses, regardless of whose name it is in or where it is located, and there are special rules for apportioning property owned by the spouses prior to the marriage or received by gift or inheritance. Usually, these properties are considered separate. If the parties divide their property by agreement, the judge must review the decision to be sure that it is equitable; however, the division of property cannot be reopened after it is final, except under a few very rigid circumstances.
Who Pays the Debts Incurred During the Marriage?
Usually, the parties agree which of them should pay each of their joint debts. If they cannot agree, then the court must decide. However, the parties' agreement or the courts' decree are binding only between the parties. Utah law allows for notice to be given to creditors as to which party is responsible for debt, however, creditors are not required to honor the apportionment of joint debts in the Decree of Divorce agreement. Thus, if the spouse who is supposed to pay fails to do so, the creditors may seek payment from the other spouse. Then he or she has to try to collect the money from the one who was supposed to pay.
