Can my ex rent out our house without my knowledge or signature? 35 Answers as of May 24, 2013

I own a home with my ex-spouse. Can he rent this house without my knowledge or signature?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Since you don't indicate what the divorce order says, your question can't be answered. Generally, if you foolishly agreed to continue as joint owners without setting out details for management, he can probably do whatever he wants, but there may be a question as to whether he can get away with it. If you can't work out a plan now, you need to go back to court and have it decided who is in charge or require the property to be sold.
Answer Applies to: Colorado
Replied: 9/9/2012
John Russo | John Russo
What is the deal with the house? Most people don't keep the house as a joint asset after a divorce without some exceptions. Whats the final say or the PSA. Example, house shall be placed forthwith on the market for sale, or the husband, or wife shall be able to reside in the former marital domicile for a period of 2 years, at the end they shall buy out the other party out, or it could say after 2 years the house will be sold, but during that time frame the party residing there shall be responsible for all expenses associated with said real estate such as mortgage, taxes, insurance, repairs etc. There has to be more then what you are saying, i.e. we own a house and he is renting it out.
Answer Applies to: Rhode Island
Replied: 8/20/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes.
Answer Applies to: New York
Replied: 5/24/2013
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
It depends on what the divorce decree says about ownership an possession. You may wish to go back to court to seek a modification of the divorce judgment depending on the circumstances.
Answer Applies to: Michigan
Replied: 8/20/2012
Law Office of Gregory Crain | Gregory Crain
Yes.
Answer Applies to: Arkansas
Replied: 5/24/2013
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    If neither of you are living in the house, arguably yes he can, but he is responsible for paying you half the rent after paying mortgage, etc. He is also on the hook for a bad deal as a breach of his fiduciary duties to the marital community.
    Answer Applies to: California
    Replied: 8/20/2012
    Attorney At Law | Harry D. Roth
    As a practical matter, yes. As a legal matter, it depends upon your agreement with him. If he was living in the house and making the payments, then he can rent out the house as long as he maintains it and keeps up the payments. If the agreement imposes specific conditions prohibited this, then no he may not. If you are concerned about the way your former husband is managing your joint investment, perhaps it is time to force him to buy you out or a sale.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Offices of Frances Headley | Frances Headley
    It depends upon the nature of the agreement under which you now own the home. Generally, all co-owners have equal rights to use and control the jointly owned property. You should consult a real estate attorney to assist you in determining how best to proceed.
    Answer Applies to: California
    Replied: 8/20/2012
    Dressler & Peters, LLC | John Wagener
    You will need to review your marital settlement agreement to see what it states about the house, and the rights to it.
    Answer Applies to: Illinois
    Replied: 8/20/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    If you are a co-owner the ex should have to get your permission.
    Answer Applies to: Iowa
    Replied: 8/20/2012
    Law Office of Melvin Franke | Melvin Franke
    It depends upon how the house is titled
    Answer Applies to: Missouri
    Replied: 8/20/2012
    Sultan Law Office | Gregory Sultan
    Yes- If he still owns an interest he can- He probably shouldn't Who did the divorce decree give control over the house to or how was it to be handled?
    Answer Applies to: Illinois
    Replied: 8/20/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yep. Nice, isn't it? But this is only a small part of the whole divorce situation.
    Answer Applies to: New Jersey
    Replied: 8/20/2012
    Law Office of Bijal Jani | Bijal Jani
    No, from what it appears you may be a tenant in common with your ex-spouse, so you do have rights over half of the property. Both of you must get each other's consent on rentals and both of you have rights over rental incomes.
    Answer Applies to: New York
    Replied: 8/20/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    He does owe a fiduciary management responsibility to you on control over community assets and debt. Either one of you as a right o manage community property. Make a demand on husband to provide all the information about the rental arrangement so you know what is going on.
    Answer Applies to: California
    Replied: 8/20/2012
    Victor Varga | Victor Varga
    Yes, as a co-owner, he has the right to make profits from the property and does not need your consent (you can do the same thing). However, if any profits are realized, they must be split in the percentage of interest of each owner...in your case, 50/50.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If the house is owned by both of you as tennant in common, each of you own an one-half interest in the home. He can only rent that which he owns. To be a valid lease, you would have to join in the lease also.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Each of you have equal rights to the house, and any rent would be shared equally.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    If your name is not on the lease it is not legal. You are a partner and without a partnership agreement allowing him to sign for you it is not valid without your consent. Y the way he owes you half of the profit if any.
    Answer Applies to: New Jersey
    Replied: 8/20/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Not necessarily, but it depends. However, depending upon your separation or divorce agreement, if one exists, you are entitled to half the income. See a local lawyer for further advice.
    Answer Applies to: Maine
    Replied: 8/20/2012
    Ezim Law Firm | Dean Esposito
    Yes.
    Answer Applies to: Louisiana
    Replied: 5/24/2013
    T.K. Byrne | Timothy K. Byrne
    He may depending on your state law and whether or not you have abandoned the house
    Answer Applies to: Mississippi
    Replied: 8/20/2012
    Meadow Walker, LLP
    Meadow Walker, LLP | Eric Meadow
    It depends on whether your ex spouse was granted full rights to possession through the divorce judgment. It further depends on whether the divorce judgment mandates your ex spouse to refinance, sell, or hold the real estate.
    Answer Applies to: California
    Replied: 8/20/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. There is nothing that precludes a legal occupant in a marriage from seeking to rent part of a home. You may file for divorce or legal separation and, as part of a Temporary Hearing, seek an order to the contrary.
    Answer Applies to: Minnesota
    Replied: 8/20/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    No, unless the court permitted him to live in it and ordered him to pay the mortgage without relieving you of you interest in the house.
    Answer Applies to: Washington
    Replied: 8/20/2012
    Steven Alpers | Steven Alpers
    If you don't live there it should not be a problem. You would be entitled to half of the income over expenses like the mortgage and maintenance.
    Answer Applies to: California
    Replied: 8/20/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    First, examine your Marital Settlement Agreement, or if you don't have one, your Final Judgment to determine if that issue is covered. If it is, whatever is in writing is how that must be handled. If not, you may want to contact your 'ex', or have your attorney contact your ex, and discuss the division of rent or get an attorney to sue your husband for half of any monies already received and to evict the tenant, if that is what you really want to do. The bigger question is, "Why wasn't the ownership or use of the home issues dealt with during your divorce?" Who is paying the mortgage, insurance, maintenance, HOA fees, if applicable, etc.?
    Answer Applies to: Florida
    Replied: 8/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on the judgment provisions.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Depends on who owns the house. If the both of you own the house and the Court says you do, then you have a say in what happens.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It depends on what your divorce decree says about the property - you need to take the decree to an attorney for review.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If both of you are the owners, both of you have the right to rent the property. If there is no order prohibiting him from doing this, he would be able to rent it.
    Answer Applies to: California
    Replied: 8/20/2012
    James T. Dunn PC | James T. Dunn
    Depends on what the divorce decree says. If silent, either owner of the house can rent it subject to the claims of the other for a share of the rental proceeds. Owners in Utah have an undivided interest in the whole of the real property, not just a 50% interest, so they can rent the whole. However, the renter coudl back out because Utah' Statute of Frauds requires all owners sign conveyance or rent documents.
    Answer Applies to: Utah
    Replied: 8/20/2012
    Law Offices of Pamela R. Lawson | Pamela R. Lawson, Esq.
    Generally no. If the house is in both of your names and neither of you live in in house, you would have a right to be consulted and to approve or disapprove the lease. There are not enough facts regarding the history of the house and its prior leases in this inquiry to give you a fuller response.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Each party has management and control of the community property and of his/her own separate property. The mismanagement of community property by a party can be grounds for remedies for breach of Fiduciary Duty in a divorce case.
    Answer Applies to: California
    Replied: 8/20/2012
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