Legal Question in Family Law in Utah

Divorce Real Estate Property

I filled for divorce one week ago, still wating for the final. We bought a house, mortgage is on her name only, but Title is both name's, I always paid for this house, and we agreed that I will keep the house [at the divorce papes is showinf that I will keep this house and trasnfer to my name in february because of pre-penalty fee], as well there is no equity, but she is coming everyday and taking something from me (belongs, etc), as well turning my life miserable with her frequent visits. I understand that mortgage still under her name and she is using this as excuse to comes-and-goes whatever she wants. Can I change the locks on my house without suffer any penalties, since her name is on the mortgage and title or does the divorce papers [is not final yet, but she signed every single paper and she didn't contested anything] supercede the mortage (in terms of ownership)?


Asked on 11/26/08, 7:08 pm

2 Answers from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Divorce Real Estate Property

You may certainly change the locks but that may not prevent her from having a locksmith come and let her in the house. Until you have a court order, either temporary or permanent, she has just as much right to be in the house as you do. However, if she has indeed moved elsewhere, the court will definitely award you the exclusive use and occupancy of the home while the case is pending which would preclude her from entering the home. With respect to her personal belongings, she will be entitled to have those, it's just a matter of when. You should make sure you do not dispose of any of those belongings and in fact it is a good idea to take an inventory of what is in the house to make sure she doesn't come back at a later date and claim that you have disposed of anything of hers.

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Answered on 12/02/08, 7:17 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Divorce Real Estate Property

You have the equitable right to the house, you can change the locks, although your soon to be ex is entitled to any of her personal property in the house, which she can get when you are present. Just because title is in your ex's name, does not give her the right of possession.

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Answered on 11/30/08, 9:24 pm


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