My husband and I have been separated for 5 years. He wants to move into the rental property under my name. What are the legal positives or negatives

Asked on June 10, 2009 under Real Estate Law, Maryland


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

Answered 11 years ago | Contributor

The question as you have phrased it is a bit confusing.  Is is a rental property that you own that he wants to move in to or does he want to rent a property using your name?  If it is a rental property that you own can it be seen as jointly owned in a divorce proceeding?  Also, are you legally separated with an agreement that discusses this property and its ownership?  If it is yours and you own it outright you can rent it to him like you would anyone else: with a lease agreement.  If any of the other scenarios are more accurate there may be no legal positives, only negatives, especially if you have no legal separation in place.

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