Bulletin: UT2021005

Dear Associates:

When someone files a divorce, annulment, or temporary separation, the court will automatically enter a Domestic Relations Injunction in the case. Rule 109 of the Utah Rules of Civil Procedure regarding injunctions in domestic relations cases states in part:

• If the action concerns the division of property then neither party may transfer, encumber, conceal, or dispose of any property of either party without the written consent of the other party or an order of the court, except in the usual course of business or to provide for the necessities of life.
• The injunction remains in effect until the final decree is entered, the petition is dismissed, the parties otherwise agree in a writing signed by all parties, or further order of the court.

If your transaction involves a pending divorce, annulment or temporary separation, in order to insure you must secure written consent of the non-titled party or have a court order.

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