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Court of Appeals hears dispute over whether $2.7 million injury settlement became marital property
Summary
In oral argument in Terry v. Terry, counsel disputed whether a $2.7 million personal-injury settlement was commingled into marital assets after checks were deposited to a joint account; the panel questioned the standard of review and will take the case under advisement.
The Utah Court of Appeals heard oral argument in Terry v. Terry (case no. 20231107) over whether a $2.7 million personal-injury settlement became marital property after checks were deposited into a joint account.
Mikayla Irvin and Emily Adams appeared for the appellant, James Terry; Spencer Brown and Jennifer Falk argued for the respondent and related parties. The district court had found that $1,894,000 of the settlement accounted solely for pain and suffering and was separate property, and it ultimately awarded Jamie Terry about 16% of the $2.7 million. Irvin told the panel that the district court “got it wrong” and that the funds were commingled, entitling Jamie to an equal or nearly equal split.
The appellant argued that commingling occurred in two recognized ways: (1) a spouse contributes separate property to the marital estate with intent that it become joint property, and (2) separate property becomes inextricably…
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