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Home » US Law » 2022 Utah Code » Title 75 - Utah Uniform Probate Code » Chapter 2b - Uniform Disposition of Community Property Rights At Death Act

Section 102 – Application.

75-2b-102. Application. This chapter applies to the disposition at death of the following property acquired by a married person: (1) all personal property, wherever situated: (a) which was acquired as or became, and remained, community property under the laws of another jurisdiction; (b) all or the proportionate part of that property acquired with the rents, […]

Section 103 – Rebuttable presumptions.

75-2b-103. Rebuttable presumptions. In determining whether this chapter applies to specific property, the following rebuttable presumptions apply: (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property, is presumed to have been acquired as or to have become, […]

Section 104 – Disposition upon death.

75-2b-104. Disposition upon death. Upon the death of a married person, 1/2 of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of […]

Section 105 – Perfection of title of surviving spouse.

75-2b-105. Perfection of title of surviving spouse. If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs […]

Section 106 – Perfection of title of personal representative, heir or devisee.

75-2b-106. Perfection of title of personal representative, heir or devisee. If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent’s death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. […]

Section 107 – Purchaser for value or lender.

75-2b-107. Purchaser for value or lender. (1) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender’s interest in the property free of any rights of the personal representative or an heir […]

Section 108 – Creditor’s rights.

75-2b-108. Creditor’s rights. This chapter does not affect rights of creditors with respect to property to which this chapter applies. Enacted by Chapter 132, 2012 General Session

Section 109 – Acts of married persons.

75-2b-109. Acts of married persons. This chapter does not prevent married persons from severing or altering their interests in property to which this chapter applies. Enacted by Chapter 132, 2012 General Session

Section 110 – Limitations on testamentary disposition.

75-2b-110. Limitations on testamentary disposition. This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. Enacted by Chapter 132, 2012 General Session

Section 111 – Uniformity of application and construction.

75-2b-111. Uniformity of application and construction. This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. Enacted by Chapter 132, 2012 General Session