Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed - Utah 2025

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Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.
With that said, the general rule, even for short-term marriages, is 50/50 division. However, in some very short-term marriages, the courts may put spouses back into the financial position they were in before the marriage that is, each spouse gets the asset that belonged to him/her at the beginning of the marriage.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
Instead, the courts try to divide things fairly based on whats best for each person. Many Utah divorces end with one party keeping the family home. Usually, this is because they might be better set up to pay for the house on their own. Or maybe, they need the house more, like if they have custody of the kids.
Generally: If you and your spouse agree on dividing debts, the court will include your agreement in the divorce decree. If you cannot agree, the court will try to divide debts fairly. If a debt is tied to property (like a car loan), the person keeping the property pays the debt.

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If the home was bought during the marriage, or if both spouses paid for its purchase or upkeep, its considered marital property and must be divided.
Utah is an ``equitable distribution state, which basically means that marital assets are split up equitably in a divorce. That does not mean that everyone gets half of everything. Rather, everything is put into a ``pot of sorts, and divvied up equitably.
For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property. For short term marriages, the court may put the people back into the economic position they had before the marriage.

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