If my ex-husband is abandoning our home, can I put renters in to salvage my credit?

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If my ex-husband is abandoning our home, can I put renters in to salvage my credit?

My husband and I divorced. I moved out and he stayed in the home and the decree said he would live in the home and was responsible for all expenses for one year at which time we would renegotiate the house. After 5 months he has given me written notice that he is abandoning the home and letting it go into foreclosure. I want to salvage my credit/mortgage. I have renters ready to move in. Can I move them in and rent the house out since he is abandoning it? Do I need his “permission”?

Asked on April 11, 2011 under Real Estate Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

I think what you need to do is bring an expedited Motion (called an Order to Show Cause in many states) to request a modification of the divorce agreement and to allow you to do what you wish here.  I would not do anything that could violate the agreement on your part even though he is violating the agreement on his part.  You can agree to modify the agreement as well but I would do so in writing and with the help of an attorney on both sides. Do not rely on his notice alone but use it as proof in support of your motion or as a way to open up a conversation to put the renters in. Seek some help here.  Good luck.


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