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  #1  
Old 01-13-2008, 12:47 AM
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Can one owner of a home rent out a room without the other owners permission?

What is the name of your state? CA

My ex and I own a home together that my son and I currently live in. She pays half the mortgage and doesn't live in the home. Today while I was out she rented her "portion" of the house to her family members. What recourse do I have? Will I be in the wrong if i change the locks? Thanks for your help!!!
  #2  
Old 01-13-2008, 01:12 AM
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Quote:
Originally Posted by mami703 View Post
What is the name of your state? CA

My ex and I own a home together that my son and I currently live in. She pays half the mortgage and doesn't live in the home. Today while I was out she rented her "portion" of the house to her family members. What recourse do I have? Will I be in the wrong if i change the locks? Thanks for your help!!!
Your ex? What are the terms in the divorce decree?

How can she be your ex, but still have ownership of the home?
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  #3  
Old 01-13-2008, 01:28 AM
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we were never married, it was/is a same sex relationship. She broke up with me and moved out to be with someone else. i've been living in the house alone (with my son) since about august, maybe before.
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Old 01-13-2008, 04:59 AM
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Originally Posted by mami703 View Post
we were never married, it was/is a same sex relationship. She broke up with me and moved out to be with someone else. i've been living in the house alone (with my son) since about august, maybe before.
No, you can't change the locks.

Its her house, she has the right to allow anyone she likes to stay there. After all, she is paying 1/2 of the mortgage.

If you are not happy with that, then either make an agreement with her to sell the house, and pay the whole mortgage yourself while the sale is pending....or if she won't cooperate with that, then file a partition suit in court to force a sale.
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Old 01-13-2008, 06:49 AM
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Originally Posted by LdiJ View Post
No, you can't change the locks.

Its her house, she has the right to allow anyone she likes to stay there. After all, she is paying 1/2 of the mortgage.

If you are not happy with that, then either make an agreement with her to sell the house, and pay the whole mortgage yourself while the sale is pending....or if she won't cooperate with that, then file a partition suit in court to force a sale.
It doesn't matter if she is paying half the mortgage, all of the mortgage or NONE of the mortgage. If the ex is an owner of the house (JTWRS) then she is an owner of the whole house and can rent part of it. You are entitled however to sue her for a portion of the rent as you are also an owner.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


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  #6  
Old 01-13-2008, 08:14 AM
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THe operative word being "rent"ing a portion of the house that is owned by two or more persons. The one owner is indicating that she didnt agree to this process or go thru the county channels to establish the house as a rental property. If my reading is correct, this lady has cause for concern.
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Old 01-13-2008, 09:02 AM
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you are reading it right. I never agreed to it being rental property, she never consulted with me about renting it (i would have said no), she came to the house and started getting the rest of hers and her sons things, but NEVER said anything about her cousin coming. I left for some appointments I had and got home around 6pm and her cousin and her things were in my home. I was shocked and disgusted that one person could be so underhanded. I would have paid the whole mortgage, but she wouldn't do that.

I tried to buy her out, but she wouldnt accept my offer and the house is on the market, but its not selling because we are asking too much right now. I am going to talk to the agent tomorrow to see if I can lower the price of the house without consulting her. i'm sure the answer will be no and then i'm going to talk to an atty on Monday. at this point, i dont care if we make money or not. I also wonder if the house is already on the market, but she wont lower the price, can a judge force that to make sure the house sells?
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Old 01-13-2008, 09:04 AM
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Originally Posted by Ohiogal View Post
It doesn't matter if she is paying half the mortgage, all of the mortgage or NONE of the mortgage. If the ex is an owner of the house (JTWRS) then she is an owner of the whole house and can rent part of it. You are entitled however to sue her for a portion of the rent as you are also an owner.
what does jtwrs mean?
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Old 01-13-2008, 09:34 AM
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Originally Posted by mami703 View Post
what does jtwrs mean?
Joint Tenants with Rights of Survivorship
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  #10  
Old 01-13-2008, 12:02 PM
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so does anyone have an answer? Would I be doing something illegal if i changed the locks? Does she have the right to move someone in without joint consent? What are my rights where this family living in my home is concerned? I'm concerned for my and my son's safety....
  #11  
Old 01-13-2008, 12:20 PM
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One of the attorney's of the board has already answered you...
Quote:
Originally Posted by Ohiogal View Post
It doesn't matter if she is paying half the mortgage, all of the mortgage or NONE of the mortgage. If the ex is an owner of the house (JTWRS) then she is an owner of the whole house and can rent part of it. You are entitled however to sue her for a portion of the rent as you are also an owner.
BTW... she's not renting your house, she's renting her house also.
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CourtClerk is right.
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Old 01-13-2008, 12:26 PM
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you may want to investigate Tayla's advice from above. If it is required you have some sort of permit for a house to be a rental, and nobody has obtained such a permit, this would give you just cause to have the tenants removed. Call whatever entity in your area deals with such matters.

but as others have told you, this is as much her house as it is yours and you each can basically do as you want in your house and with your house.
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Old 01-13-2008, 08:54 PM
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Originally Posted by justalayman View Post
you may want to investigate Tayla's advice from above. If it is required you have some sort of permit for a house to be a rental, and nobody has obtained such a permit, this would give you just cause to have the tenants removed. Call whatever entity in your area deals with such matters.

but as others have told you, this is as much her house as it is yours and you each can basically do as you want in your house and with your house.
In some areas though you do not need a permit. You would have to go through the legal process of eviction however to get the tenants removed. If you do need a permit to rent, then you can use the illegal rental as a REASON for eviction. You really need a partition suit however.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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