Can my wife rent our home without my consent?

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Can my wife rent our home without my consent?

My wife and I are going to get a divorce. She plains to get apartment and has told me that I need to go to a friend or parents’ home. She has all these people coming to the house trying to rent it. She feels that she pays the bills so she has the power to kick me out and rent the house. We have been married almost 4 years and have had the home for 3 years.

Asked on November 15, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

No, she can not rent it with out your consent.  Aslong as you are both the legal owners of the home you as well as she have to sign any lease agreement with a prospective tenant.  And she can  not force you out of the house.  She can, of course, ask the court to have exclusive occupancy during the divorce and then try and rent it. But if you know that this would be her intention you could raise the issue during her application.  And I would seek to obtain half of the rental income as well.  I would speak with an attorney because in the abstract here it is hard to know what is what.  Good luck.


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