Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
Krajeski v. Krajeski - 2025 UT App 19 Oral argument (Utah Court of Appeals archive): https://youtu.be/LoIy9N8wThc THE UTAH COURT OF APPEALS TAMI KRAJESKI, Appellee, v. DAVID L. KRAJESKI, Appellant. Opinion No. 20230174-CA…
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…
I cannot answer this question as it applies in all jurisdictions, but I can answer it as it applies in Utah, the jurisdiction where I am licensed to practice divorce…
First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…
If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself preparing for trial. Trial will be the day(s)…
During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
This is a good question and one that often comes up in divorce cases. I cannot speak for the law in all jurisdictions, but as this question applies in the…
You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…
It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
Generally: It appears that the law in Utah is that the trial court is not required to consider hypothetical and/or future tax consequences of the disposition of the marital estate. See Howell v. Howell,…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides,…
Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not…
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
Knowles v. Knowles - UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District…
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department…
How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances…
Will my husband be legally an owner of a company that I start just because he is my husband? It is possible to obtain an interest in a spouse's business.…
I purchased a vehicle on payments prior to marriage; husband burned up vehicle; now it’s a delinquent debt on me, in divorce trial, can it be ask he consumes half…
Great question. The answer is (for Utah, where I practice divorce and family law), generally, no, your spouse is not entitled to half of property you inherited during the marriage.…
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…
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…
Each state’s divorce laws are different. Whether your jurisdiction treats inherited property as marital property is something you will need to determine by inquiring with an attorney who knows your…
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…
When lawsuit judgments may or may not be marital property: lessons from Utah appellate case law In the Utah divorce case of Andersen v. Andersen, 379 P.3d 933 (Utah Court…
When lawsuit judgments may or may not be marital property: lessons from Utah appellate case law In the Utah divorce case of Andersen v. Andersen, 379 P.3d 933 (Utah Court…
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…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…