Condo mortgage is in wife’s name.

UPDATED: Feb 24, 2016

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Condo mortgage is in wife’s name.

We have been in this condo for 15 years. She threatens me with eviction
about every time we have arguments. What our my protections under CT
family law?

Pete B.

PS. I pay other joint expenses like utilities, car insurance, cell phone bill, ect.
Can she take all proceeds from selling condo?

Asked on February 24, 2016 under Family Law, Connecticut


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Whether your wife's name in the only one on the mortgage or even the deed, it does not matter. Until there is a final divorce decree issued or a formal separation agreement, etc. in effect, you both have the right to live in the condo. The reason is that at this point in time it is still considered to be the "joint marital residence". Accordingly, your wife has no legal basis on which to attempt to evict you. Just what will happen in a property settlement should you divorce, will depend on many factors. For further explanation of your rights, you should consult directly with a local divorce attrorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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