If a married couple own a rental property, can one spouse execute a lease of the rental property to a third party without the other spouse’s approval?

My wife and I own a house that we purchased for a friend to reside. The original agreement was the friend would pay the mortgage and taxes and insurance on the house. After a year or so, I wrote up a formal lease that reflected the original oral agreement between the friend and my wife. (My wife was not aware that a formal lease was written.) My wife and the friend are now at odds with each other and my wife is demanding a rent increase to our friend. Can she do it and was the written lease legal?

Asked on June 1, 2009 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can review the following:

 

 

 

 

 

 

Sec.

 

 

A3.102.AAMANAGING COMMUNITY PROPERTY.A (a)AA

During

marriage, each spouse has the sole management, control, and

disposition of the community property that the spouse would have

owned if single, including:

(1)

 

 

AA

personal earnings;

(2)

 

 

AA

revenue from separate property;

(3)

 

 

AA

recoveries for personal injuries; and

(4)

 

 

AA

the increase and mutations of, and the revenue

from, all property subject to the spouse

 

 

s sole management,

control, and disposition.

(b)

 

 

AA

If community property subject to the sole management,


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