Defenses Real Property

Be sure to identify the paragraph you are referring to.

For example:

• Paragraph 45 says Petitioner is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, Respondent owned that house before the parties married and it is not marital property available for the court to divide.

Whenever possible, use a real name instead of the word "Petitioner" or the word "Respondent."

For example:

• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, John Doe owned that house before the parties married and it is not marital property available for the court to divide.

You will need to explain to the court why the possession and use of this property in the way you have indicated is fair and equitable. Be specific about the facts.

For example:

• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, John Doe owned that house before the parties married and the parties have not commingled any marital assets for payments, upkeep, repairs, or anything else related to this house. This house is not marital property which the court should divide.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, this property was inherited by John Doe. Therefore this house is not marital property available for the court to divide.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, the money to purchase this property was inherited by John Doe and is not marital property. This house is therefore not marital property which the court should divide.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, this house was a gift to John Doe alone and the parties have not commingled any marital assets for payments, upkeep, repairs, or anything else related to this house. This house is not marital property which the court should divide.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, the money used to purchase this house was a gift to John Doe alone and the parties have not commingled any marital assets for payments, upkeep, repairs, or anything else related to this house. This house is not marital property which the court should divide.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, Jane Doe is employed and John Doe is not. John Doe needs this house to live in with the parties' children and cannot afford to pay rent or purchase another home.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, Jane Doe has another home which she is presently living in. John Doe needs this home to live in with the parties' children.
• Paragraph 45 says Jane Doe is to receive the house at 1234 South 4000 West, Salt Lake City, Utah 84116. However, Jane Doe will receive money or other property of equal value. This home should therefore be awarded to John Doe.