QUESTION
Is the lease agreement that I have with renters at my property valid?
Asked on Jun 07th, 2022 on Landlord and Tenant Law - Indiana
More details to this question:
I own a house in northern Indiana in which my son and his mate rent. I do not live in the house, nor does my ex-wife, so we agreed that the property may be used as a rental. I drafted a lease and provided them both a copy after all three of us had signed. My ex-wife has now moved back to Indiana and has decided to take up residence in the house. She has stated that, because she did not sign the lease, it is invalid and she has every right, as co-owner, to live there. It is my position that she agreed to the lease arrangements so her signature wasn't needed. Needless to say, I have two very upset renters. My question: Is the lease agreement valid without her signature, but with her approval? Do I have any legal standing to remove her from the house? v/r,
1 ANSWER
For the ex-wife issue, you will need to consult your Decree or Dissolution Settlement Agreement. This document is now the "contract" that you and your ex need to follow. Remaining co-owners of property after a divorce is rarely a good idea, and if that is what you are, then you may have to go through a process called "partition", which is complicated and defined by statute. You will want to consult with an attorney for this process, but you should be able to find that portion of the Indiana Code to review. Hopefully the time and expense of that process will motivate both of you to resolve your differences or agree to amend your Order.
I would suggest that you also post this question in the Landlord/Tenant area for the renter issue. Good luck!
Answered on Jun 13th, 2022 at 6:10 AM
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