Property Division
Bad Legal Advice: taking advice from friends, relatives & coworkers vs. taking advice of a lawyer
Over on my How to Use a Lawyer blog, I posted a blog with the title above. For some reason, this seems to continue to happen all the time, but especially in family law matters, where everyone else seems to know better.
Read MoreFree Legal Clinic October 25, 2011, 6:00 – 8:30 p.m.
NEWSRELEASE October 5, 2011 UVU’S LEGAL STUDIES PROGRAM TO SPONSOR FREE LEGAL CLINIC Through a joint effort between Utah Valley University’s Legal Studies Program and the local legal community, those in need of legal services will be able to receive free legal advice at a clinic scheduled for Oct. 25 in the UVU Library. “This…
Read MoreWaste of the Marital Estate
When a spouse grossly misuses property of the marriage, to include cash or money earned by either of the spouses, this is termed “waste of the marital estate.” Examples of waste of the marital estate include, but are not limited to money spent on extramarital relationships or gambling. Marital assets expended on habits or hobbies by…
Read MoreExtra-marital property
The most common extra-marital asset or property that a spouse may receive during the marriage is an inheritance from a spouse’s parent(s). This asset is not treated as income like wages or other earnings earned during the marriage, in part, because the spouse did not receive the inheritance due to the receiving spouse’s efforts during the…
Read MoreComingling of property in the marital estate
The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage. Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt…
Read MorePremarital property
Premarital property is that property that each spouse brings into the marriage, which is each their separate property and generally not considered part of the marital estate. As in all things legal, there are exceptions to the premarital property laws. The biggest exceptions have to do with commingling of premarital property or debts with marital…
Read MoreProperty Division
General Rule: property division in divorce is generally done by gathering all the property obtained during the marriage and then dividing it equitably, which usually means equally. All the property obtained during the marriage is often called the “marital estate.” The marital estate includes both assets and liabilities or, in other words, stuff and debts. …
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