If a couple is getting divorced and both have moved out of the marital home, can one of the spouses rent out the home and use the money to cover the expenses of maintaining the home while the divorce continues?
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If a couple is getting divorced and both have moved out of the marital home, can one of the spouses rent out the home and use the money to cover the expenses of maintaining the home while the divorce continues?
If both spouses agree to rent out the home, then they may certainly do so. If one spouse rents out the home and the other remains on the title, the spouse who enters into the contract may not only find that they are haled before an angry judge, but that their tenants are complaining or even suing about the actions of the other spouse -- because without signing onto the lease, the other spouse would continue to have full rights to the use and possession of the home.
Even if the spouses agree to rent the home, they must make sure that the home is properly insured, take care to choose an appropriate tenant, and define a rental period that is consistent with any plan to sell the home at the conclusion of the divorce. A year-long lease, for example, can complicate division and distribution of the marital estate. A poorly chosen tenant may fail to pay rent, refuse to leave at the end of the lease, or cause damage to the property.