Legal Question in Family Law in Montana

Re: divorce and quit claim deed

Of course, you can't give a detailed account of all the facts in the space allotted, so I'm responding to a very brief synopsis of your concerns.

First, Montana law does not constrict the court to whose name is on titles when the court considers an equitable division of the marital estate. A court can award the marital home however it sees "equitable" distribution.

Even so, whoever remains in the marital home during the dissolution, both parties must not dissipate marital assets during the pendency of the case. That means neither party should allow the assets to fall into disrepair, or allow bills to go unpaid, including the house payment. Whoever lives in the marital home must keep it in good repair and pay the mortgage (considering it rent, as both parties would have to pay either rent to a landlord or payments to the mortgage company).

Your home is in foreclosure because Wife failed to pay the mortgage. Your name is on the mortgage, so your credit rating is on the line. You might be successful in asking the court to order Wife to move out of the home and allow you to move in and cure the defaulted mortgage. If you cannot afford the mortgage, you might be able to renegotiate payments to save the house from foreclosure.

If you are not represented by counsel, I strongly recommend that, at a minimum, you get professional advice for "damage control"