QUESTION
Is my ex-wife allowed to have the house rented if the mortgage is in her name but the house was awarded to me in the divorce?
Asked on Feb 25th, 2013 on Divorce - Florida
More details to this question:
I was divorced 3 years ago and was awarded the home. My wife has re-married but her name stayed in the mortgage. Now, she is trying to have the house rented without my permission. Is that allowed?
9 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No. According to your fact scenario, she has no interest in your house even though her name is still on the loan.
Answered on Feb 28th, 2013 at 4:10 AM
If awarded to you she has no right to rent the house. However you should refinance and get her off the loan.
Answered on Feb 27th, 2013 at 8:30 PM
Yo u should have had a Quit Claim deed drafted quit claiming the house from her name (or hers and yours) to your name only. If this was done, my question is, was it ever recorded? If yes to both questions, no she cannot rent it w/o our permission. If you never recorded the deed, you need to do so now & again, she cannot rent it out. Lastly, if you never had the deed signed, you can still have it done, as you were solely awarded the property. If she does not voluntarily sign, you will have to take her back to court to enforce the final judgment. Bottom line is, you have a court document stating you are awarded the house, so she cannot (or not supposed) to do anything to the house, but until there is some type of transfer of rights (i.e. quit claim deed), she technically still owns the property.
Answered on Feb 27th, 2013 at 8:02 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You need to read the terms of the decree carefully. If you are the sole owner of the house, she has no right to rent the property or otherwise deal with it. You should hire a lawyer.
Answered on Feb 27th, 2013 at 2:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Doesnt sound like it. Are you current on the mortgage? Is the house going in foreclosure? If you are current, then I suggest that you write a letter to her, keep a copy, and tell her that the decree gave you the house and she has no rights in it. If she continues, go to court and ask the court to have her stop. If you are behind on the mortgage, then she may have come up with a way to keep the mortgage current. Regardless, talk with your attorney who handled the divorce.
Answered on Feb 27th, 2013 at 2:47 PM
Unless there is something in the Judgment that authorizes her action, she cant rent the house. You should bring a motion to enforce the Judgment if she persists.
Answered on Feb 27th, 2013 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need to see the judgment and know if the payments are being made, but, if was awarded to you and is current she is out of line.
Answered on Feb 27th, 2013 at 2:46 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the house was awarded to you in the divorce she has no right to do anything with it.
Answered on Feb 27th, 2013 at 2:45 PM
John Arthur Smitten
If the house was awarded to you, no.
Answered on Feb 27th, 2013 at 2:43 PM