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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Move a Tenant Into the Marital Home After Divorce Without Your Ex's Consent

    A couple in New York divorced and agreed that the wife would receive the marital home, and was responsible to refinance the home to remove the husband from the mortgage. The wife has not refinanced the home, and stopped making payments such that the house is in danger of foreclosure. She has since moved out and says that she doesn't care if a foreclosure occurs.

    The husband is still on the title of the home, and is trying to work with the bank to prevent foreclosure. The lender says that they don't mind if he rents out the home to cover the mortgage payment, as long as he carries the proper insurance. Can he bring in a tenant without his wife's permission?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Move a Tenant Into the Marital Home After Divorce Without Your Ex's Conse

    What he should do is go back to the family court to try to have his ex- held in contempt of court for not refinancing the home, or other appropriate relief. He could also speak with his ex- about his taking over ownership of the house and refinancing the home himself.

    If he brings in a tenant without his wife's permission, he runs the risk that she will decide that she wants to move back into the home -- and in all likelihood he would end up getting sued by his tenant.

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