Legal Question in Family Law in Utah

divorce/mortgage

I live with my boyfriend who is divorced. Although his ex's name is on the mortgage, the house is his. I understand she has no rights to the house, only liability for it. I want to know if she comes over and is asked to leave the house or property and refuses and I call the police will they do anything, since her name is on the mortgage or does the divorce decree supercede the mortage (in terms of ownership)?


Asked on 3/14/07, 5:10 pm

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

Re: divorce/mortgage

If the divorce decree awarded the house to your boyfriend has his property, the ex has no right to come on the property, regardless of whether her name is on the mortgage. She may still have liability to pay the mortgage, but she has no legal interest to possess the property. Consider that she is now like a guarantor of the loan. Boyfriend should refinance the house as soon as possible to remove her name. Most divorce decrees require this to be done within a reasonable period anyway.

Read more
Answered on 3/14/07, 5:25 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah