I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned?
Utah Code § 67-4a-201 provides, in pertinent part that property is presumed abandoned if the property is unclaimed by the apparent owner “the earlier of three years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.”
Utah Code § 67-4a-208 (Indication of apparent owner interest in property) provides, in pertinent part:
(1) The period after which property is presumed abandoned is measured from the later of:
(a) the date the property is presumed abandoned under this part; or
(b) the latest indication of interest by the apparent owner in the property.
(2) Under this chapter, an indication of an apparent owner’s interest in property includes:
(a) a record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;
(b) an oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or the holder’s agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication;
(c) presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association;
(d) activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;
(e) a deposit into or withdrawal from an account at a banking organization or financial organization, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;
(f) any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the account exists; and
(g) subject to Subsection (5), payment of a premium on an insurance policy.
(3) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner’s agent, is presumed to be an action on behalf of the apparent owner.
(4) A communication with an apparent owner by a person other than the holder or the holder’s representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner’s knowledge of a right to the property.
(5) If the insured dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic premium loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating.
Utah Family Law, LC | divorceutah.com | 801-466-9277