Legal Question in Family Law in Utah

Equitable Distribution over separate and joint investments in family home

In an �equity property� state, is appreciated equity allocated to separate and joint investment equitably or is appreciated equity considered joint?

In my case the down- payment was separate property, monthly princile is joint.

If equity growth allocation can be shown fairly allocated to each set of properties, are equity states obliged to respect this over joint property calculations?

Are there rulings which show this?


Asked on 9/16/08, 4:13 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Equitable Distribution over separate and joint investments in family home

These calcuations are very fact specific, and there are not enough facts to make a determination. This is an issue to be resolved by agreement or by trial.

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Answered on 9/16/08, 6:51 pm


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