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possesion of the house

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w crase

Junior Member
I live in Utah. Before my wife and I were married we began the process of buying a house. The mortage is in my name alone but to make her happy I put her name on the title. We have just started the process of divorce, no lwayers yet. She has not come home 3 of the last 5 nights, twice during the day to get fresh clothes. If she obviously has another place to stay, can I change the locks to keep her out and protect my property inside the house?
 


I AM ALWAYS LIABLE

Senior Member
w crase said:
I live in Utah. Before my wife and I were married we began the process of buying a house. The mortage is in my name alone but to make her happy I put her name on the title. We have just started the process of divorce, no lwayers yet. She has not come home 3 of the last 5 nights, twice during the day to get fresh clothes. If she obviously has another place to stay, can I change the locks to keep her out and protect my property inside the house?
My response:

No. It's her house too.

It's like a car purchase. Your name may be on the loan documents. And, like a mortgage, that only entitles you to the right to make payments.

But, if the car title has both names on it, like your house title, she is an owner and entitled to all of her rights as a property owner.

That house will never be yours, alone, until sometime during the divorce process she executes a "Quit Claim Deed" in your favor. That usually occurs when you pay to her a share of the value of the house in exchange for her signature on the Quit Claim Deed.

I would strongly suggest that you see a Family Law attorney as soon as possible for a specific and detailed review of your current situation.

IAAL
 

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