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Co-Owner Planning on Renting Out Our Home

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  • 08-12-2013, 11:32 AM
    Claire1951
    Co-Owner Planning on Renting Out Our Home
    My question involves real estate located in the State of: Florida

    I purchased my home and added my long term boyfriend to the deed 10 years ago. He is not on the mortgage. We split up "somewhat" amicably and he has been living in the home for the last year, making the mortgage payments.

    He now wants to move out, and is actively looking for someone to rent (what he considers) HIS house. Can he do that legally without my permission? I have my concerns about the type of tenant he allows in there and who will be responsible for any necessary repairs.

    He has shown the house to one person already but I learned that through a third party since he chose not to inform me of his plans. This might be "going down" soon.

    Thanks in advance!
  • 08-12-2013, 11:36 AM
    Antigone
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting Claire1951
    View Post
    My question involves real estate located in the State of: Florida

    I purchased my home and added my long term boyfriend to the deed 10 years ago. He is not on the mortgage. We split up "somewhat" amicably and he has been living in the home for the last year, making the mortgage payments.

    He now wants to move out, and is actively looking for someone to rent (what he considers) HIS house. Can he do that legally without my permission? I have my concerns about the type of tenant he allows in there and who will be responsible for any necessary repairs.

    He has shown the house to one person already but I learned that through a third party since he chose not to inform me of his plans. This might be "going down" soon.

    Thanks in advance!

    Why not, it is his house.
  • 08-12-2013, 11:46 AM
    Claire1951
    Re: Co-Owner Planning on Renting Out Our Home
    But it's also mine, and he's not on the mortgage. He's planning on giving them a years lease. What if the roof leaks and he won't fix it? What if I needed to move back in?
  • 08-12-2013, 11:48 AM
    Antigone
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting Claire1951
    View Post
    But it's also mine, and he's not on the mortgage. He's planning on giving them a years lease. What if the roof leaks and he won't fix it? What if I needed to move back in?

    So what if the rook leaks, then you fix it - who would fix it now? You are not living there now are you? He does have the right to rent out his home if he chooses to live elsewhere. At least he is making sure you are able to make the housepayments. Would you rather he leave you high and dry?
  • 08-12-2013, 11:52 AM
    Claire1951
    Re: Co-Owner Planning on Renting Out Our Home
    Oh, okay, I see.... so he charges a couple hundred above the mortgage payment, pockets the extra, refuses to make the repair, so I pay for the repairs while living off social security. I'll just check into bankruptcy if it comes to that I guess.
  • 08-12-2013, 11:53 AM
    Antigone
    Re: Co-Owner Planning on Renting Out Our Home
    So move into your home. Fix your own roof.

    What he intends to do is not illegal.
  • 08-12-2013, 11:55 AM
    llworking
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting Antigone
    View Post
    So what if the rook leaks, then you fix it - who would fix it now? You are not living there now are you? He does have the right to rent out his home if he chooses to live elsewhere. At least he is making sure you are able to make the housepayments. Would you rather he leave you high and dry?

    I don't agree with this. Its not "his" property its "their" property. She has as much right to live there as he does, and she is the only one responsible for the mortgage. We don't even know what kind of mortgage she has and whether or not it would allow for it to be tenant occupied. What guarantee does she have that he would continue to make the mortgage payments if he was the one collecting the rent?

    Absent the agreement of both owners to rent out the place, the better solution would be to sell the home and split the proceeds.
  • 08-12-2013, 11:59 AM
    Antigone
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting llworking
    View Post
    I don't agree with this. Its not "his" property its "their" property. She has as much right to live there as he does, and she is the only one responsible for the mortgage. We don't even know what kind of mortgage she has and whether or not it would allow for it to be tenant occupied. What guarantee does she have that he would continue to make the mortgage payments if he was the one collecting the rent?

    Absent the agreement of both owners to rent out the place, the better solution would be to sell the home and split the proceeds.

    You are right it is their property; however she is not living in the home, he is. She is upset that he wants to rent it so that the mortgage payments can continue to be made while he no longer resides in the home. Heck she can move in if she wants, but it is not illegal for him to lease the home out.

    Yes, I do agree that it would be better for her to sell the home and get out from under this mess she is in, but we don't know if that is even an option for her at this time. She only asked about the other owner renting the home, nothing about selling the home.
  • 08-12-2013, 12:04 PM
    llworking
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting Antigone
    View Post
    You are right it is their property; however she is not living in the home, he is. She is upset that he wants to rent it so that the mortgage payments can continue to be made while he no longer resides in the home. Heck she can move in if she wants, but it is not illegal for him to lease the home out.

    Yes, I do agree that it would be better for her to sell the home and get out from under this mess she is in, but we don't know if that is even an option for her at this time. She only asked about the other owner renting the home, nothing about selling the home.

    I don't agree with the bolded. The other owner doesn't agree and there is nothing in evidence that says that the mortgage would allow it to be tenant occupied.
  • 08-12-2013, 12:05 PM
    Antigone
    Re: Co-Owner Planning on Renting Out Our Home
    Quote:

    Quoting llworking
    View Post
    I don't agree with the bolded. The other owner doesn't agree and there is nothing in evidence that says that the mortgage would allow it to be tenant occupied.

    Now we don't know that, do we.
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