If a married couple own a rental property, can one spouse execute a lease of the rental property to a third party without the other spouse’s approval?
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If a married couple own a rental property, can one spouse execute a lease of the rental property to a third party without the other spouse’s approval?
My wife and I own a house that we purchased for a friend to reside. The original agreement was the friend would pay the mortgage and taxes and insurance on the house. After a year or so, I wrote up a formal lease that reflected the original oral agreement between the friend and my wife. (My wife was not aware that a formal lease was written.) My wife and the friend are now at odds with each other and my wife is demanding a rent increase to our friend. Can she do it and was the written lease legal?
Asked on June 1, 2009 under Real Estate Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can review the following:
Sec.
A3.102.AAMANAGING COMMUNITY PROPERTY.A (a)AA
During marriage, each spouse has the sole management, control, and disposition of the community property that the spouse would have owned if single, including: (1)
AA
personal earnings; (2)
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revenue from separate property; (3)
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recoveries for personal injuries; and (4)
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the increase and mutations of, and the revenue from, all property subject to the spouse
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s sole management, control, and disposition. (b)
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If community property subject to the sole management,
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