Who Gets the House
Protected Addresses:
If the home or the apartment is an address listed on an Ex Parte' or Protective Order as one the respondent (suspect or defendant) has been ordered to vacate or not to contact the plaintiff (complainant or victim) by the order is given the residence. This is usually temporary until the Ex Parte' or protective order expires, or another court order vacates it.
See Ex Parte', Protective Orders for further information
Divorce or Separation:
Without domestic violence or disturbances involved in the disputed residence, the division of the property, including the residence, is a civil situation. This will require the complainant to request a settlement from a civil judge or commissioner.
The state court assistance web page gives answers to questions
frequently asked such as:
- How is Property Divided?
- Who Pays the Debts Incurred During the Marriage?
- Where are Additional Resources located to assist?
See http://www.utcourts.gov/howto/divorce/
Roommates and Non-Domestic Relationships:
When the dispute between individuals is not linked in a domestic or family relationship the division or the residence or living quarters becomes a landlord/tenant situation. This will probably require some sort of eviction process, even if their name is not on the lease.
See Landlord/Tenant Issues for more information
The state court assistance web site answers most of the frequently asked questions regarding these types of disputes. It also offers directions on the eviction process for both the landlord and the tenant.