House rent collection after divorce

[borreman]

What is the name of your state (only U.S. law)? NV

My ex wife and I bought a house together a few years ago. We divorced a couple years ago and stated that I would get the house. However, at this point, I still have not refinanced the house and both of our names are still on the mortgage and the title. However, I have been the only one living in the house and paying for the mortgage since the divorce.

My question is, I am planning to move to a different city and to rent this house. If my ex wife decided to make things complicated, and since she is on the title, would she be entitled to half the rental income if she requested so?

Could she possibly collect rental income and not have to pay the mortgage (unless I give up paying it?).

Thank you for your input.

 

[Zigner]

The terms of the divorce state that it is YOUR house - she would not be entitled to the rents. But, it's certainly time for you to get off your butt and get her name off the title!

 

[borreman]

So her being on the title does not give her any rights whatsoever on the house? Just want to make sure.

I am skeptical because we also had a business together with a commercial loan both in our names. At the time of divorce, it stated that it would be her business from now on. However, the commercial landlord refused to take off my name from the lease contract making me liable in case she decided to stop rents. Our landlord's lawyer stated that what the divorce states is one thing, but a lease is a lease. Hence I am bound by a contract.

Wouldnt this apply to her as well since she is on the title?

 

[HomeGuru]

What is the name of your state (only U.S. law)? NV

My ex wife and I bought a house together a few years ago. We divorced a couple years ago and stated that I would get the house. However, at this point, I still have not refinanced the house and both of our names are still on the mortgage and the title. However, I have been the only one living in the house and paying for the mortgage since the divorce.

My question is, I am planning to move to a different city and to rent this house. If my ex wife decided to make things complicated, and since she is on the title, would she be entitled to half the rental income if she requested so?

Could she possibly collect rental income and not have to pay the mortgage (unless I give up paying it?).

Thank you for your input.

**A: what exactly does the divorce decree state concerning the house, business, commercial loan, lease etc.?

 

[borreman]

The decree states that I get the house and that she gets the business. Which I thought was enough to separate things.

HOWEVER, the business lease we have has both of our names, and the landlord's lawyer contacted me a few months after the divorce stating that eventhough the decree states the business is now hers, I am STILL liable for the rent.

So now my question applies to the house. Ok I pay the mortgage, but her name is on the title. Does that mean that she can claim the house if I stop making payments, or if I die, or if I start collect rent out of it?

Thank you

 

[HomeGuru]

Poorly written decree.
Landlord's lawyer is correct. Read the lease.
Yes to all three.

 

[borreman]

Thank you! So how were we suppose to write it exactly?

 

[Zigner]

To be clear - your original question was related to who is entitled to collect rent. YOU made the jump to a new/expanded topic.

My answer regarding the rent was correct.

So her being on the title does not give her any rights whatsoever on the house? Just want to make sure.

I am skeptical because we also had a business together with a commercial loan both in our names. At the time of divorce, it stated that it would be her business from now on. However, the commercial landlord refused to take off my name from the lease contract making me liable in case she decided to stop rents. Our landlord's lawyer stated that what the divorce states is one thing, but a lease is a lease. Hence I am bound by a contract.

Wouldnt this apply to her as well since she is on the title?

 

[LdiJ]

Thank you! So how were we suppose to write it exactly?

The business/commercial lease and the house are two separate issues. The reason why the landlord can go after you for the commercial lease is because the commercial lease is a contract, you signed it, and the landlord is not a party to your divorce. The landlord is only bound by the original contract. A divorce can make your wife responsible to pay it, and give you recourse against your wife if she doesn't pay it, but the divorce could not remove your responsibility to the landlord. However, that does not give you any ownership in the business, because the business is separate from the space the business leases to operate from.

The same contract issue applies to the mortgage on your house. Your wife is still legally responsible for the mortgage, because she signed the contract, even though the house went to you. The difference here is ownership. The wording in your decree is vague enough that she might be able to make a claim for the house in the event of your death, your abandonment of the house, or in the event that you sell it. However, its unlikely that she would prevail unless she is being harmed by the fact that you, for one reason or another, are not paying the mortgage...because ownership of the house and the mortgage are a financial combination. You cannot move the "house" to some other location and keep operating it if you cannot pay the mortgage.

 

[borreman]

Thank you! That is a great detailed answer and I appreciate the time you spent in writing your input.

 

[HomeGuru]

Time to settle things with the house and commercial property.