Can my ex rent out our house without my knowledge or signature?

Question

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

Dean Esposito · Answer

Yes.

Gregory Crain · Answer

Yes.

Jared Altman · Answer

Yes.

John Kirchner · Answer

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.

Harry Roth · Answer

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.

George Seide · Answer

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.

Gerald Bagazinski · Answer

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.

Melvin Franke · Answer

It depends upon how the house is titled

John T. Wagener · Answer

You will need to review your marital settlement agreement to see what it states about the house, and the rights to it.

Frances Headley · Answer

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.

Bijal Jani · Answer

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.

Leonard A. Kaanta · Answer

Each of you have equal rights to the house, and any rent would be shared equally.

Leonard Schwartz · Answer

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.

Dennis P. Mikko · Answer

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.

Timothy Byrne · Answer

He may depending on your state law and whether or not you have abandoned the house

Eric Scott Meadow · Answer

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.

Helene Ellenbogen · Answer

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.

Steven Alpers · Answer

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.

Dennis Leffert · Answer

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.?

John Brennan · Answer

It depends on the judgment provisions.

Pamela Lawson · Answer

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.

James Dunn · Answer

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.

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Can my ex rent out our house without my knowledge or signature?

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