If my husband and I recently divorced and own a house that was awarded to him in the decree, what to do if he has offered to move out and let me live there?

UPDATED: Jun 27, 2012

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If my husband and I recently divorced and own a house that was awarded to him in the decree, what to do if he has offered to move out and let me live there?

Recently, I have been in a bind to find a place to live and he offered to move out of the house and let me move back in and he would get an apartment. Would I need to sign a rental or lease agreement with him since he was awarded the property in the decree or would I just take over payments? I don’t want him to be able to come and go as he pleases. I believe even though we are divorced that I still am financially responsible for the property since my name is on the loan as well. Would he be considered the landlord and I the tenant or does that make sense since my name is still on the loan?

Asked on June 27, 2012 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your former husband was awarded all title to the family home under the dissolution decree of your marriage but he is wiulling to let you reside in it without him, you should sign a lease with him setting forth the terms and conditons that you would pay for rent on a monthly basis, the term of the lease and the fact that since it is lease to you, your former husband cannot come and go with respect to the unit as he pleases.

Keep a signed copy of the lease for future need and reference.

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