Can I rent out our house during our divorce?

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Can I rent out our house during our divorce?

I have been going through long divorce proceedings. I am living in the house that is deeded and mortgaged in both myself and my future ex wife’s name. I have been paying the mortgage and all the expenses of the home solely. I have a family member that is interested in renting out my home while it still remains for sale. Since I have paying all expenses and my ex-to-be is residing in another home, are there any issues if I rent out the jointlt owned property without her consent? I am not selling it; it’s just a straight rent to cover the mortgage expenses that I have been paying for over a year without any contribution on her behalf.

Asked on April 27, 2012 under Family Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Why has your spouse not been paying her part of the mortgage?  Is this part of the temporary order of the court?  Did the order gove you exclusive use and occupancy and control of the property? If it did not then you may not be able to rent it out with out her consent.  Ask your attorney.  Good luck.


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