Is our Home Marital Property or Separate Property in the Divorce?

A home is usually a couple’s biggest asset.

As the biggest asset.it plays a very large role in divorce negotiations.

Getting the home wrong in divorce can cost you tens-of-thousands of dollars.

Marital Property v. Separate Property

In Utah divorces, there are two types of property: marital and separate.

Marital property is, you guessed it, property of the marriage. Marital property is pretty much anything acquired during the marriage, regardless of whose name is on title.

Separate property is property that belongs to only one spouse. Separate property usually includes:

  1. Gifts from family.
  2. Inheritances.
  3. Property acquired before the marriage that’s never been paid for with marital money.
  4. Property and monies in family trusts.

Our Home: Marital Property or Separate Property?

The rule of thumb when it comes to the marital home is this: it’s marital property.

It doesn’t matter if one spouse’s name isn’t on the mortgage, or only one spouse’s name is on the deed. It doesn’t matter if one spouse didn’t work and the other contributed 100% to the mortgage.

If you bought the home during the marriage, it’s almost 100% sure to be marital property.

There are a few ways a home could be separate property, but by far the most common one is this: the home was purchased by one spouse before the marriage, and the other spouse was never put on the mortgage or the deed.

This is a rare occurrence, but it does happen. However, even though the entire home might not be marital property, parts of it are if martial money has been used to pay the mortgage and for improvements.

If marital money has been used on the home, then both spouses will be entitled to the increase in value while marital money paid for the home.

Here’s an example of what I mean: Husband buys home five years before Husband and Wife get married. Husband and Wife live in Husband’s home for twenty years, then divorce. During the marriage, Husband and Wife work, and pay for the home with their incomes. When they divorce, it’s likely the home will be considered separate property, but Wife would be entitled to half of the home’s increase in value during the marriage. Husband would be entitled to all value increase for the five years before marriage, and then half of the increase during the marriage.

There are a few other situations in which the home could be separate property, but these are pretty rare in real life:

  1. Couple lives in an inherited home.
  2. Couple lives in home owned by one spouse’s family trust.
  3. Couple lives in home owned by one spouse’s family member (usually a parent or sibling).

Those situations, while rare, are certainly interesting to deal with because they’re so fraught with family issues.

Bottom Line

The bottom line the vast, vast majority of divorcing couples is that the home owned during the marriage is marital property.

And, as marital property, the value of the home will be split between the spouses.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 910 reviews
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!
Response from the owner:Belynda, thank you for your kind words.
js_loader

Categories