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JGM, Solicitor
Category: Law
Satisfied Customers: 14905
Experience:  30 years as a practising solicitor.
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I want to know how I stand legally if I rent my marital home

Customer Question

Hi yes I want to know how I stand legally if I rent my marital home out? Do i need permission by my ex who still has his name on the mortgage as well? Or am I in my legal rights as long as i pay the mortgage and split the rental profits with my ex?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: We are in the proceeds of a divorce but nothing gone to court
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I think it's milton Keynes court but live in aylesbury
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Just that ex doesnt want me rent property out eventhough im happy to split rental costs. We just agreeing to a 60/40 split then once goes through want to sell house
Submitted: 4 months ago.
Category: Law
Expert:  JGM replied 4 months ago.

Thanks for your question. The landlord is the legal owner of a property. If you are the owner jointly with your wife you need to agree to the rental otherwise it can’t go ahead. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 4 months ago.
Both our names on morrgage So by law i have to have permission by my husband to rent the property out? Man thanks
Expert:  JGM replied 4 months ago.

Yes that is right.

Customer: replied 4 months ago.
even though I been paying the mortgage and living here since we seperated in 2013? And my ex moved out in 2013
Expert:  JGM replied 4 months ago.

Correct, yes, if the property is in joint names.