QUESTION

Can my spouse rent our house if we agreed to sell?

Asked on Aug 21st, 2014 on Divorce - Virginia
More details to this question:
My husband and I are divorcing. I moved out of the home and we agreed to sell and split the financial gain. He has now decided to rent the home. I am on the deed and told him that he could either do a buy out or sell the home. Can he rent without my permission?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
When you say he "agreed" to sell it, do you mean you have it in writing and he signed an agreement or do you mean that he just told you verbally that he would sell it?  If it is in writing, you should be able to enforce that, but if it was just verbal, you will not.  The only way to force a sale of property jointly owned between spouses is to have the court order it pursuant to a divorce.  i don't know how far along in the divorce process you are, but the determination of what happens with the marital home will not come until the very end.  In the meantime, since you can't force the sale, you may as well let him collect rent on it.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Aug 21st, 2014 at 10:14 PM

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