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Cases of Interest: Utah
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Agreements (full category)UTAH: Estate of Anello v. McQueen, 953 P.2d 1143 (Utah 1998).
A property settlement agreement which specified that the spouses would receive their own separate IRAs constituted a sufficient renunciation of interest to deny the ex-wife any claim to the deceased ex-husband's IRA as a designated survivor beneficiary.
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Attorney's Fees (full category)UTAH: Cox v. Cox, 877 P.2d 1262 (Utah Ct. App. 1994).
Award of attorney's fees against wife could not be based on her refusal to accept husband's settlement offer.
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Debts (full category)UTAH: Finlayson v. Finlayson, 874 P.2d 843 (Utah Ct. App. 1994).
The trial court should equally distribute marital funds which the husband withdrew during separation, even though he used the funds to repay a marital debt to his mother.
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Dissipation of Assets (full category)UTAH: Thomas v. Thomas, 987 P.2d 603 (Utah Ct. App. 1999).
The trial court refused to put a value on a business owned and operated by the husband and held that the husband's use of income from his business to pay temporary support obligations and his own living expenses was not an improper dissipation of a marital asset. In addition, the trial court did not abuse its discretion by awarding the husband the value of his premarital interest in the family home.
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UTAH: Finlayson v. Finlayson, 874 P.2d 843 (Utah Ct. App. 1994).
The trial court should equally distribute marital funds which the husband withdrew during separation, even though he used the funds to repay a marital debt to his mother.
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Marital Home (full category)UTAH: Thomas v. Thomas, 987 P.2d 603 (Utah Ct. App. 1999).
The trial court refused to put a value on a business owned and operated by the husband and held that the husband's use of income from his business to pay temporary support obligations and his own living expenses was not an improper dissipation of a marital asset. In addition, the trial court did not abuse its discretion by awarding the husband the value of his premarital interest in the family home.
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UTAH: Wiles v. Wiles, 871 P.2d 1026 (Utah Ct. App. 1994).
The trial court's property distribution, which awarded the home to the wife and the lien to the husband for his share of the home's value, superseded the wife's ability to enforce her homestead exemption against the husband's interest in the property.
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UTAH: Baker v. Baker, 866 P.2d 540 (Utah Ct. App. 1993).
The totality of circumstances supported the trial court's decision to order the sale of the marital home, despite the wife's argument that she and the minor children should be allowed to remain there.
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Military Benefits (full category)UTAH: Marsh v. Marsh, 973 P.2d 988 (Utah Ct. App. 1999).
Military separation pay received by the husband after the parties' divorce was an advance on the husband's retirement pay and thus was subject to distribution under the parties' divorce decree.
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Postdecree Proceedings (full category)UTAH: Wiles v. Wiles, 871 P.2d 1026 (Utah Ct. App. 1994).
The trial court's property distribution, which awarded the home to the wife and the lien to the husband for his share of the home's value, superseded the wife's ability to enforce her homestead exemption against the husband's interest in the property.
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Severance Pay (full category)UTAH: Marsh v. Marsh, 973 P.2d 988 (Utah Ct. App. 1999).
Military separation pay received by the husband after the parties' divorce was an advance on the husband's retirement pay and thus was subject to distribution under the parties' divorce decree.
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Third Parties (full category)UTAH: Finlayson v. Finlayson, 874 P.2d 843 (Utah Ct. App. 1994).
The trial court should equally distribute marital funds which the husband withdrew during separation, even though he used the funds to repay a marital debt to his mother.
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Transmutation of Property (full category)UTAH: Bingham v. Bingham, 872 P.2d 1065 (Utah Ct. App. 1994).
Separate funds which the husband loaned to the party's dairy business should not be included in calculating the dairy's value.
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