Q: Me and my wife just recently split up. She got a protective order against me so I had to leave the house. She then moved
Her new boyfriend into our house. We are joint tenants on the deed/title. I'm the only one on the mortgage. What are my legal options? Can she take any liability for the mortgage or payment? Or should I prove that I am the only one who made payments on the house? And I can prove that she can't refinance the mortgage due to lack of credit and no job. It's a VA backed loan.
A: It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce decree with also likely affect the title to the property. A protective order by itself does not terminate all rights to real estate. With property values in Utah rising in recent years, you probably have some equity in the house. Consider contacting a Utah divorce lawyer to discuss your situation.
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