(1) A married individual may not remove the individual’s spouse or minor child from the homestead without the consent of the individual’s spouse, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family.

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Terms Used In Utah Code 81-3-110

  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Court: means :
         (2)(a) a judge; or
         (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor child: means , except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) If a married individual abandons the individual’s spouse, the individual’s spouse is entitled to the custody of a minor child, unless a court with jurisdiction orders otherwise.