What to do about a house that is jointly owed by a divorcing couple?

My ex-wife and I are in the process of selling our house. Both our names are still on it, however neither of us are living there. She mentioned renting it out which I do not want to do. I have voiced my opinion that renting is not an option and do not agree to do so. I found out yesterday, by reading the paper, that she has taken out an ad in one of our local classifieds stating that it is for rent. Is she able to rent our house without my consent? What can I do to prevent this?

Asked on July 31, 2012 under Family Law, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Really no but you need to act quickly here.  You can being an action to prevent her from renting in court.  You may want to speak with an attorney about bringing an action for partition to ask the court to split the house between you (and in the end it would just be ordered sold) and to enjoin her from renting it.  Seek legal help.  Good luck.


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