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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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My wife of 7 years has filed for divorce and moved out of our

Resolved Question:

My wife of 7 years has filed for divorce and moved out of our home. She is asking for 50% of everything in the house, including the water softener, washer/dryer, vacuum, lawn care tools. We split (and she has taken) most the basic items (TV, computer, office furniture, etc.)

I have evidence that she had a relationship outside of our marriage and don't know if I really need to split everything 50/50 with her?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome.

I am sorry to hear of your difficult situation.

A court will typically consider a number of factors and dividing property, such that the division of property is normally based in equity and is not always 50-50.

♦ “In determining whether a certain division of property is equitable, . . . the relative abilities of the spouses to support themselves after the divorce are pertinent to an equitable . . . division of the fixed assets of the marriage.”). Newmeyer v. Newmeyer, 745 P.2d 1276, 1279 n.1 (Utah 1987).

♦ Source of the property (gift, bequest, wages, etc.).

♦ Relative health of the parties.

♦ Duration of the marriage.

♦ Education of the spouses.

♦ The allocation of debts and child support.

Here is a link that provides this and additional information:

Therefore, the court could grant you 60% of the property and her 40%, depending on its assessment of these factors.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 4 years ago.
Thanks, XXXXX XXXXX googled "utah family law division of assets" and found a similar site to the one you linked. I guess what I'm really asking can only be answered by going to court. Would I be hurting myself to sell a few assets to make ends meet?
Expert:  Tina replied 4 years ago.
Right, any particular case must be litigated to know for sure whether support will be awarded or not.

If you sell marital assets, that could very well harm your standing with the court as the parties typically have an obligation to maintain the status quo during the pendency of the case. The court or spouse could consent to the sale, but one should not otherwise dispose of marital assets unless they have been awarded.

Good luck to you and take care.
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