If a couple is divorced with both names on the mortgage but the husband is making payments and living there, can the wife rent it out without asking?

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If a couple is divorced with both names on the mortgage but the husband is making payments and living there, can the wife rent it out without asking?

Divorce is final. Both names on mortgage. Husband is making payments and both have agreed to sell the property. Wife gets on craigslist and lists the house for rent for $400 less than the mortgage payment without any discussion with the husband. People begin showing up to see the house and this is the first he knew of the ad. Is this fraudulent on her part?

Asked on April 22, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue that I see is who is actually on legal title to the property that is being listed on Craigslist and what does the presumed marital dissolution agreement and order say as to who has possession of the home that you are writing about?

The answer to your question is that the person who has legal title to the home per any court order regarding the marital dissolution and recorded deed has the legal right to lease the property.

If the both the former husband and wife are on title to the home and the marital dissolution agreement states that both have the right to occupy the home, then either can lease it out. If only one is designated, then the one former spouse has the right to lease out the home and not the other.

As to fraud by the wife, it is hard to give an opinion since I have not read the marital dissolution agreement nor seen the deed to the home.


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