Can an ex-spouse rent out a housethat’s mortgage is solely in the ex’s nameif their name is on the deed?

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Can an ex-spouse rent out a housethat’s mortgage is solely in the ex’s nameif their name is on the deed?

The couple is divorced and the mortgage is only in her name but the deed is in both their names. It is his primary residence. Can he rent the house out without her knowledge?

Asked on February 12, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. In most cases when there is a divorce situation where the divorced couple end up holding legal title to real property, the court order for the dissolution will state which of the two shall have possession of the jointly owned property.

When that happens, the person who has possession of the jointly owned property has the right to lease out the property without the other spouse's knowledge.


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