Can an ex-spouse rent out a housethat’s mortgage is solely in the ex’s nameif their name is on the deed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an ex-spouse rent out a housethat’s mortgage is solely in the ex’s nameif their name is on the deed?
The couple is divorced and the mortgage is only in her name but the deed is in both their names. It is his primary residence. Can he rent the house out without her knowledge?
Asked on February 12, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. In most cases when there is a divorce situation where the divorced couple end up holding legal title to real property, the court order for the dissolution will state which of the two shall have possession of the jointly owned property.
When that happens, the person who has possession of the jointly owned property has the right to lease out the property without the other spouse's knowledge.
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 AttorneyPages.com 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.