Equitable Interest Archives

When do courts value the marital estate?

When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing people’s heart to sink. I’ll tell you why, but first,…

What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): No-fault divorce Abolition of the doctrine of coverture (femme couvert) …

What is a CMA?

May 2, 2022

Divorce Utah

Divorce, Divorce Law, Equitable Interest, Family Law, Finances, Utah, Utah Code, Utah Law

CMA, family finances, finances, home, real estate, real estate law, Utah real estate, valuation

This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a property, usually a residential home. The basic concept is that…

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson No. 184700047 Steve S. Christensen and Clinton R. Brimhall, Attorneys…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

Will my spouse be legally an owner of a company that I start just because of being my spouse?

October 2, 2020

Divorce Utah

Business Interests, Equitable Interest, Equity, Marital Property, Separate Property

Will my spouse be legally an owner of a company that I start just because of being my spouse? It is possible. A nonowner spouse can be awarded a portion of the other spouse’s separate property, and separate property can…