Legal Question in Family Law in Utah
In Utah, is furniture given to a couple during marriage considered marital property and subject to property division regardless of who gave the furniture?
2 Answers from Attorneys
The answer to your question is generally, yes. If the furniture was given as a gift to the couple, then it would be considered marital property. It is usually only in situations where money or property is gifted or bequeathed, by inheritance, to just one spouse, where that property or money is considered separate property and not a part of the marital estate. Based on what you've stated in your question, I'm assuming the furniture was given to the two of you so it would be marital property. I hope this helps. Thank you.
If you have evidence that the gift was given specifically to one of the spouses and not the couple as a whole then you could say that it isn't marital property, however, if it was given to the "couple" then it would be considered martial property.