If my husband and I are going through a divorce, can he rent out our marital residence if my 2 year old daughter spends nights?

My husband and I are going through a divorce and we currently have a temporary order in place. I am the custodial and he has visitation on Tuesday, Wednesday, and every other weekend. We have in the order that he would stay in the house, keep it up and get it sold. My child support goes to paying the Mortgage and he pays the rest. He is now trying to move in 2 female roomates and charge them $350/mo. Can he do this with my 2 year old daughter staying the night? Can he get away with doing this when we have it on the market to sell?

Asked on September 18, 2012 under Family Law, Oklahoma


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the court orders leave him in charge of the house, then yes he can do this.  You do have a basis for challenging the move, however,  since moving in renters is more in line with keeping rather than disposing of the house.  Your second issue is females moving in while your 2 year old visits.  Some courts impose "morality clauses"-- i.e. no overnight visitors of the opposite sex in the home during periods of custody or visitation.  If your orders do not include this language, you will need to seek a modification for this issue as well.

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