Utah Property Division Lawyers

Assisting Clients With Property Division Matters

Property division can be a complicated issue that must be addressed in any divorce. Regardless of how big or small the marital assets may be, our attorneys can help you pursue your rights. Final asset division may be based on agreements between the parties, prenuptial agreements, or decisions made by the Utah court system.

A final property division order can significantly impact each divorcee’s financial stability and overall well being. The attorneys at Pearson Butler understand that this can be a frightening prospect and we are here to help you through this process.

Whether you are considering divorce or have already initiated proceedings, it is important to seek competent representation so you maximize your property settlement. Pearson Butler has significant experience representing clients with high-value estates, business ownership, complex holdings and investments, and premarital assets and we understand that these matters require attention and expertise. Our attorneys can provide you the quality legal representation you need.

To find out how we can protect your interests, call (800) 265-2314 for a confidential consultation with our property division lawyer in Utah.

Understanding Equitable Distribution in Utah

In Utah, all marital property is subject to equitable distribution in a divorce. Equitable does not necessarily mean “equal.” It means a fair division of property, which will be determined based on:

• The length of the marriage;
• The age and health of each spouse;
• The occupation and income of each spouse; and
• Any other related matters.

Divorcing couples can reach their own agreement on property division, which will be subject to approval by a judge before it is made official, or parties can allow a Utah judge to determine what is equitable.

Parties are not typically able to modify a property division order after it has been entered, except in very limited circumstances. This means that it is important to get it right the first time.

Property Division Process in Utah

Utah is considered an equitable distribution state, which means that property is divided fairly but not necessarily equally. Courts consider several factors in determining how to divide assets, which include the length of the marriage, the financial contributions of each partner, and each person’s individual needs post-divorce. Understanding this process is critical to navigating property division effectively.

• Identification of Property: The first step in property division is identifying which assets are subject to division. Utah law distinguishes between “marital” and “separate” property. Marital property includes assets acquired at the time of the marriage, such as income, real estate, retirement accounts, and other investments. Separate property, on the other hand, typically includes items owned by one spouse before marriage, inheritances, and gifts specifically given to one spouse. It’s important to accurately categorize property to ensure an equitable division.
• Valuation of Assets: A fair valuation is necessary once the property is identified. Determining the value of marital property can involve appraisals for real estate, businesses, and personal assets like art or collectibles. Financial accounts and retirement funds must also be accurately assessed. Expert appraisers and financial professionals often assist in determining asset values, ensuring that all marital property is fairly accounted for in the division process.
• Negotiation or Court Determination: In many instances, spouses can negotiate a property division agreement through mediation or collaborative law, avoiding needing a court decision. When negotiation is successful, both parties typically feel more satisfied with the outcome and retain greater control over the process. However, if a fair agreement cannot be reached, the court will step in to divide the property based on Utah’s equitable distribution guidelines, considering each spouse’s contributions, needs, and future earning potential.

Contact Our Property Division Lawyer in Utah Today

If you want to be certain that your property will be protected at the end of your marriage, it is of the utmost importance to find a trusted divorce attorney with significant experience in Utah law and courts. Full disclosure and compliance with Utah’s laws regarding property division can result in a positive outcome if your case is handled properly from the very beginning. Our attorneys at Pearson Butler can help you prepare your case for the best possible outcome.

Contact Pearson Butler today at (800) 265-2314. Our Utah property division attorneys have over 300 years of collective experience and a long history of successfully representing clients across Utah.