If a couple divorces and the wife is awarded the majority percentage but both are still on the deed, can she rent the property without her ex-husband’s consent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a couple divorces and the wife is awarded the majority percentage but both are still on the deed, can she rent the property without her ex-husband’s consent?

Asked on March 15, 2012 under Real Estate Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. I suggest that you look at the marital dissolution agreement concerning the property you are writing about to ascertain any language about renting it and who is to occupy it. Assuming one of the spouses is entitled to occupy the unit under the dissolution agreement, the spouse who gets to occupy the property is allowed under the law to rent the property without the ex spouse's consent absent any prohibition in the presumed marital dissolution agreement.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption