Can my wife rent our spare room without my consent?

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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. 


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