If I Leave the Marital Home, Have I Abandoned it?

Often, one spouse will leave the marital home before the divorce actually starts.

When this happens, sometimes, the other spouse will say, “You abandoned the home, so you don’t get any of the equity.”

That’s not how things work in Utah. If you leave the marital home before the divorce starts, you still get your share of the equity in the home.

Now, if you left the home three years ago, that might be a different story. If have been gone a long time, in my experience over a year, and the spouse who stayed has been paying all of the mortgage and the utilities, then Utah courts may start taking away some of the equity in the house from you.

So, you can leave, but don’t be gone too long before you start the divorce process.

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

Published On: September 1st, 2020Categories: Division of PropertyComments Off on If I Leave the Marital Home, Have I Abandoned it?
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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