What happens to a real estate fixture in a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens to a real estate fixture in a divorce?

I owned my home before getting married. My marriage lasted 8 months. We are now divorced. She purchased a ceiling fan as a gift while we were married. Now that the divorce is final she is telling me it wasn’t a gift and I need to give her the fan back. Once purchased and installed, did the fan become part of the property?

Asked on November 20, 2010 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically the fan has become part of the house - a "fixture" as you have correctly called it - and if you sold the house then it would go with it unless specifically excluded.  But in a divorce the issues is resolved differently.  In a divorce in Utah all gifts, inheritance, property acquired prior to and during the marriage are divided equitably by the court.  Yes, I know, you were only married 8 months.  That will be a factor considered by the court. But if I were you I would start deciding what matters here most and speak with a lawyer.  You have a lot at stake and it could be an expensive lesson. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption