What happens to a real estate fixture in a divorce?
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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 13 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.
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