Legal Question in Family Law in Utah

the right to evict

I currently live with a roommate who was previously married, and is now divorced. The house was given to him in the divorce. However the ex-wife's name is still on the mortgage. Recently she has made comments that since her name is on the mortgage that she has the right to evict anyone she wants, including me and the ex-husband's brother. I am wondering if she was the right to do that, or if she doesn't have a clue what she is talking about.


Asked on 5/24/07, 5:57 pm

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

Re: the right to evict

Without knowing more details there is no way to answer your specific question. Generally it is considered good practice for the party being awarded the house to have the other person sign a quit claim deed or equivalent, to remove that person's name from the title. Just having liability under a mortgage (having her name on it) does not give a person rights to possession, ownership or control over the house.

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Answered on 5/24/07, 6:42 pm


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