Can my wife rent our spare room without my consent?

UPDATED: Aug 7, 2012

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Can my wife rent our spare room without my consent?

My wife filed a protection order against me. I have been providing my share of house payment. The room in question is registered as my place of business. Can she legally rent it out without my consent? What can I do about it?

Asked on August 7, 2012 under Family Law, Montana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are ordered away from her as a result of a temporary or permanent restraining order, then you cannot keep that room as your business address and must find a new location because to do otherwise would land you in violation of the order.  If your home also owns the home or is a joint title owner, your wife can certainly rent out a room as long as she meets any applicable laws regarding home rentals of rooms. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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