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In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This can have a profound effect on the dissolution of property during divorce proceedings.
This means marital property in Utah isnt automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided equitably or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party.
How property is divided in a divorce. Utah law requires an equitable division of marital property. Equitable means fair, which is not necessarily equal. If the parties agree as part of the divorce or annulment how to divide their property, the judge must review the agreement to be sure that it is fair.
In Texas, only property owned prior to marriage or acquired during marriage by gift or inheritance is separate property. Everything else is community property. There are many, many ways you can protect your separate property, even without a premarital agreement.
Abandonment laws in Texas apply when one spouse leaves the marital home without the intent of ever coming back. In addition, the abandoning spouse generally must make no effort to communicate or offer any financial support to the other spouse.
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Gifts and Inherited Property When one spouse receives a gift or inheritance in Utah, it is considered separate property and not subject to equitable distribution. But if a spouse commingles a gift or inheritance with marital assets, it can become part of the marital assets of a marriage.
So back to our original questions: Can you sue your spouse and his or her boyfriend or girlfriend for adulterous conduct? The answers: Yes, if the adulterous conduct amounts to Intentional (or Reckless) Infliction of (Severe) Emotional Distress. If your situation meets this standard, you can bring the suit.
The answer is no, not unless you obtain a protective order to do so first (more on that in the section below: Kicking spouse out of house legally in Texashow it works), and there typically needs to be an allegation of family violence that precedes it, too.
Under Utah law, the assets must be divided fairly and equitably in a divorce. This does not necessarily mean that assets will simply be split 50/50. The court considers many factors in determining what an appropriate division of a couples assets is.
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesnt mean you are both liable for half each though if one person doesnt pay their share, the other can still be held responsible for the whole mortgage.

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