rights to home

[didge]

What is the nameof your state (only U.S. law)? california
I have been separated from husband for 2 1/2 years and have a house in his name also. I have paid all mortgage and he supplied the down through money he inherited that passed through a mutual bank account. The gentleman's agreement was that he would get that back on the sale of the house and the house would be mine and the children's. There is no paperwork to that effect as it is a volatile situation. I want to know what rights he has to whom I can rent out space in the home and do I need his OK to sell?

 

[Bali Hai]

What is the nameof your state (only U.S. law)? california
I have been separated from husband for 2 1/2 years and have a house in his name also. I have paid all mortgage and he supplied the down through money he inherited that passed through a mutual bank account. The gentleman's agreement was that he would get that back on the sale of the house and the house would be mine and the children's. There is no paperwork to that effect as it is a volatile situation. I want to know what rights he has to whom I can rent out space in the home and do I need his OK to sell?

I presume you mean that the legal title has his name as the legal owner of the house and your name does not appear on the title. What make s you think you WOULD NOT need his ok to sell??

The answer to your first question is the same. What makes you think that you can rent property that you don't own??

 

[didge]

I'm sorry, just had conversation with ex and not as clear as I'd like to be..I am also on the title and have legal right to the home also. I live here with the kids and he has been living elsewhere for this time. I realize I would need his signature for sale of the property, but was wondering if I need his permission to rent out space and to whom.?

 

[didge]

Essentially, I have some friends who are going to be without a home for a few months and I have offered them a room until thier new place is ready. The ex does not like them and wants to stop this from happening. Can I go around the issue by not charging them rent...ie, they'd be my 'guests' or am I stuck regardless?

 

[Bali Hai]

I'm sorry, just had conversation with ex and not as clear as I'd like to be..I am also on the title and have legal right to the home also. I live here with the kids and he has been living elsewhere for this time. I realize I would need his signature for sale of the property, but was wondering if I need his permission to rent out space and to whom.?

My guess would be that you have a right to rent space in the home without his consent. Remember that the income from that rental will be treated as marital as long as you are married.

I recommend consulting with your attorney before renting the space.

 

[seniorjudge]

Essentially, I have some friends who are going to be without a home for a few months and I have offered them a room until thier new place is ready. The ex does not like them and wants to stop this from happening. Can I go around the issue by not charging them rent...ie, they'd be my 'guests' or am I stuck regardless?

This isn't a legal answer but a common sense one: Why would you want to purposely irritate someone who you must co-operate with in the sale of this house?

 

[LdiJ]

I'm sorry, just had conversation with ex and not as clear as I'd like to be..I am also on the title and have legal right to the home also. I live here with the kids and he has been living elsewhere for this time. I realize I would need his signature for sale of the property, but was wondering if I need his permission to rent out space and to whom.?

No, you shouldn't need to have his permission to have a roommate, but he might have something to say about who else would be living in the home with his children.

Who are you planning to rent to? If its a member of your family or one of your best friends, its probably not a problem. If its a stranger or your boyfriend, it could get sticky.

 

[didge]

It is a 56 year old female friend and her husband and 33year old handicapped daughter. I would be giving them my bedroom and taking over the smaller guest room for their stay.

 

[didge]

Yes, the Franklin quote is well taken. I agree that it would be wise to take the smoother path and will do so. I am trying to keep to that regardless of the direction this has turned. I will just have to help them find an alternative..thank you

 

[mistoffolees]

It is a 56 year old female friend and her husband and 33year old handicapped daughter. I would be giving them my bedroom and taking over the smaller guest room for their stay.

It's not worth the headaches.

A very, very common clause in temporary orders is that there should be no non-family members of the opposite sex staying overnight in the home. I think that's good policy in general and if he requests it from the court, they're almost certain to grant it. So why aggravate him on a battle that you're going to lose, anyway?

Not to mention that it's a bad idea from an emotional perspective. Your children will be dealing with the pain of a divorce; it's not a good time to force them to give up part of their home and deal with strangers (including a handicapped daughter) right away.