If I have not been able to sell the house, can I legally rent it instead?
Question Details:
I have a house that my ex-husband is still on the deed for. In our separation agreement (not our divorce paperwork as nothing was included in that paperwork) it indicates that I am to reside in the house and maintain the house payments taxes repairs, etc. Upon the sale of the house we will split all the equity minus the principal paid by me. I have tried to sell the house but have not been able to in over a year on the market. I was going to rent it instead. Can my ex do anything to me legally for renting the home?
You need to be somewhat careful here. If you rent it out for a year, then I would argue that you are in contempt of court and doing so willingly because there is a greatly reduced chance that you can sell a house that has tenants inside (typically). However, if it is a month to month tenancy, and the house STAYS ON THE MARKET, you're probably on safer ground. You're unlikely to be ordered to remain in the house - but that was one of the things you were awarded (i.e. its a good thing you're free to do or not do).
Note that evicting a tenant is not always as easy as it sounds and generally requires an attorney (eviction attorneys generally charge in the 400-1200 range for residential real estate as far as I am aware - i'm on the lower end of that spectrum, but higher than some others).


Are you a lawyer?