Can I protect marital assets from my spouse by “temporarily gifting” them?

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many…

Continue ReadingCan I protect marital assets from my spouse by “temporarily gifting” them?

Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…

Continue ReadingOldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…

Continue ReadingMartin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Plaia v. Plaia – 2019 UT App 130 – enforcing stipulation, unvested shares, mutual mistake, abuse of discretion

Plaia v. Plaia - 2019 UT App 130 THE UTAH COURT OF APPEALS MICHAEL ALLEN PLAIA, Appellee, v. ALINA VICTORIA PLAIA, Appellant. Opinion No. 20170948-CA Filed July 26, 2019 Third…

Continue ReadingPlaia v. Plaia – 2019 UT App 130 – enforcing stipulation, unvested shares, mutual mistake, abuse of discretion

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…

Continue ReadingJanson v. Janson – 2019 UT App 106 – setting aside settlement agreement

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin - 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District…

Continue ReadingMarroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Mortgage and Divorce: Navigating Financial Independence (by Redfin)

Guest blog post from Redfin: Mortgage and Divorce: Navigating Financial Independence https://www.redfin.com/blog/mortgage-and-divorce https://www.redfin.com/blog/ If you look at the data provided by the Centers for Disease Control and Prevention for 2016,…

Continue ReadingMortgage and Divorce: Navigating Financial Independence (by Redfin)

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…

Continue ReadingA real client’s questions about divorce settlement and mediation

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department…

Continue ReadingHartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake…

Continue ReadingDole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as take what each earned?

Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as each takes what each earned? In Utah (where I practice law), the law is not…

Continue ReadingWhy is dividing money in a divorce so difficult? Shouldn’t it be as simple as take what each earned?

What kind of lawyer handles disputes regarding disbursement of pension for a divorced couple?

What kind of lawyer handles disputes regarding disbursement of pension for a divorced couple? When the amount being paid out to the spouse is more than the amount agreed to…

Continue ReadingWhat kind of lawyer handles disputes regarding disbursement of pension for a divorced couple?

Selling a House During Divorce: Common issues you should expect and how to deal with them

Selling a House During Divorce: Common issues you should expect and how to deal with them  By John Hamilton Associate Broker Windermere Real Estate-Utah (801) 558-4998 johnh@winutah.com   Table of…

Continue ReadingSelling a House During Divorce: Common issues you should expect and how to deal with them

Can a wife expect a property to be split equally if she cheated?

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…

Continue ReadingCan a wife expect a property to be split equally if she cheated?

Who gets the house, if one of us had an affair?

After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…

Continue ReadingWho gets the house, if one of us had an affair?

Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…

Continue ReadingSandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

Is the money I earn at my job during the marriage marital property?

Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage…

Continue ReadingIs the money I earn at my job during the marriage marital property?

Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses

2017 UT App 192 THE UTAH COURT OF APPEALS CATHERINE JANE SHUMAN, Appellee, WESLEY ROBINSON SHUMAN, Appellant. Opinion No. 20160226-CA Filed October 19, 2017 Third District Court, West Jordan Department…

Continue ReadingShuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses