Utah Code 76-6-516. Fraudulent conveyance of marital real estate

76-6-516. Fraudulent conveyance of marital real estate.

(1)	Terms defined in Section 76-1-101.5 apply to this section.

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Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)

An actor commits fraudulent conveyance of marital real estate if the actor:

(a)	is married;

(b)	falsely represents the actor as unmarried; and

(c)	knowingly conveys or mortgages real estate situated in this state, without the assent or concurrence of the actor’s spouse when such consent or concurrence is necessary to relinquish the spouse’s inchoate statutory interest.

(3)	A violation of Subsection (2) is a third degree felony.

(4)	This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.

(5)	The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Amended by Chapter 111, 2023 General Session