Legal Question in Credit and Debt Law in Utah

Can consumer debt be used to take our home

My husband has some credit card debts that are only in his name. He is in prison and I am trying to find a lawyer to start divorce proceedings. He of course has not been able to pay on these and I can in no way afford to do so. He has let them know he will pay on them as soon as he is released. The company these charges are with also hold the mortgage on our home. The mortgage is in both our names. I have been paying the mortgage. I received a recorded phone call from this company that if they did not hear from him that this credit card debt could affect other dealings we have them. I have been trying to find out if this credit card debt could legally affect our mortgage we have with them, if it is being paid. If it could, is there any way to protect myself and my children from losing our home through divorce proceedings or any other way.


Asked on 6/01/01, 3:06 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can consumer debt be used to take our home

Notify the credit card people in writing that the debt is solely your husbands, and that he is in prison. Tell them in the letter to not contact you about his debts. Keep making payments on the mortgage. Even if there is a clause in any of the credit card or mortgage documents which link the loans, it is not likely enforcable. If you make the payments on the house you should not have any problems. As far as the divorce you can either file your self through a self service kiosk at any of the district courthouses, on line at http:courtlink\utcourts.gov or contact Utah Legal Services.

I can assist if the divorce is in Weber, Davis or Morgan counties.

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Answered on 6/26/01, 3:40 pm


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