What Happens to the House During a Divorce in Utah
Dividing property can be one of the most stressful parts of divorce. If you’re facing this situation, you may wonder what happens to the house during a divorce in Utah. The answer depends on several factors—when you bought the home, how it’s titled, and whether it’s marital or separate property.
Marital vs. Separate Property in Utah
Utah uses equitable distribution, which means the court divides property fairly—not always equally. If you and your spouse bought the house during the marriage, it likely counts as marital property. Both of you may have a claim, even if only one name appears on the title.
If you owned the home before the marriage, it might be separate property. However, using marital money for mortgage payments or upgrades could make part of the home marital. In those cases, both spouses may still have a claim.
Who Stays in the House?
Courts often aim to keep children stable. So if kids live in the home, the parent with primary custody may stay there, at least for a time. That doesn’t mean the other spouse loses ownership rights. The court might award other assets or require a buyout to even things out.
Common Outcomes for Dividing the House
Here are the most common options:
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Sell the home and split the money.
This approach works best when neither person can afford the house alone. -
One spouse buys out the other.
This may involve refinancing and paying the other spouse their share of equity. -
Keep the house together temporarily.
In rare cases, both spouses co-own the home after divorce, often until the kids grow up.
Why Legal Help Matters
Dividing a house during divorce isn’t simple. You need someone who knows how Utah law works and can protect your interests. At Larsen Law Firm, we help you understand your rights, weigh your options, and fight for a fair result.
Our team will walk you through each step, explain your options clearly, and help you move forward with confidence.
Unsure what happens to the house during a divorce in Utah? Call Larsen Law Firm for a free consultation today. Let us help you protect what matters most.