Krajeski v. Krajseki
Krajeski v. Krajeski, 2025 UT App 19 (Mortensen, J.)
Family Law
The Utah Court of Appeals held:
- The district court erred or exceeded its discretion in (1) deciding that Husband’s premarital property became marital through commingling, (2) awarding alimony, and (3) awarding attorney fees.
- Practice tip: The Court reviewed the district court’s determination that certain assets were marital property rather than separate property as a mixed question that is more fact-like, giving rise to a review of deference to the district court’s application of the laws to the facts. But the Court left open the prospect of more definitively deciding whether the question should be reviewed for correctness or an abuse of discretion.
- Practice tip: If Zillow estimates—or valuations from similar websites—are admitted as evidence of housing values, the data and methodology underlying those estimates should be the subject of expert testimony to verify their reliability.