QUESTION
What can I do if my ex wife is renting out our home that is my name?
Asked on Dec 03rd, 2012 on Divorce - Texas
More details to this question:
My ex has moved out of the house now renting it out the house is in my name only all our kids are grown and have their own homes. What can I do? Can I sell it? Do she have to give me a potion of the rent money? Can I renovate the house myself and rent it out? Can I make the person renting it move out?
11 ANSWERS
You should consult a family law attorney to review all of the facts and documents and assist you in deciding what is best for you to do with respect to the home. You can then proceed with the appropriate legal action.
Answered on Dec 05th, 2012 at 12:39 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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This is completely dependent upon your divorce decree, if you have one. If you're not divorced, you have the same rights to the house she does, so you can move back in and do what you want.
Answered on Dec 05th, 2012 at 11:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need to see the judgment of divorce, but generally, if it is your house it is you house.
Answered on Dec 05th, 2012 at 11:53 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your divorce decree should say who owns the house. If not, sue the attorney who drafted the decree. If it doesn't divide the house, go back to court and get it divided.
Answered on Dec 05th, 2012 at 11:51 AM
If you hold the title to the property you have all of those options, evict, renovate, collect rents, etc Why does she control the property and not you?
Answered on Dec 05th, 2012 at 11:50 AM
The answer to this question will largely depend on what was or was not ordered with respect to the house when you got the divorce.
Answered on Dec 05th, 2012 at 11:49 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. It's unclear what your divorce terms said about the house. If the house was awarded to you in the divorce, see a real estate attorney to get the tenant out. But you need to see what the lease says. If it's not her house, she shouldn't have been able to rent it out unless there's a provision in the divorce docs. Opinion not legal advice.
Answered on Dec 05th, 2012 at 11:49 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You don't provide enough information to determine what the correct ownership status of the house is. That should have been decided in your divorce case. Why was she living there with it still titled in your name? Something is missing from your fact statement, so no answer is possible.
Answered on Dec 05th, 2012 at 11:48 AM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Who ever was awarded the housed in the divorce property settlement should be the owner. If the residence was not divided, then you each retain an interest in any rents equivalent to your respective interests in the property.
Answered on Dec 05th, 2012 at 11:48 AM
Dennis P. Mikko
Who was awarded the house in the Judgment of Divorce? The answer to this question will determine what you can do. You should consult with an attorney, who after reviewing the Judgment of Divorce can advise of your options. Without knowing what the Judgment says, any advise would be a shot in the dark.
Answered on Dec 04th, 2012 at 2:58 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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With respect to property matters, you and she are locked into whatever terms are in the court orders. I suggest you hire a lawyer to review the orders and provide you with a more detailed response.
Answered on Dec 04th, 2012 at 2:57 PM