Can my ex rent out your house without my consent?
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Can my ex rent out your house without my consent?
Generally no. If the house is in both of your names and neither of you live in in house, you would have a right to be consulted and to approve or disapprove the lease.
What should you not do when separated?
What should you not do during separation?
- Do not move out of the marital home: If you move out of the home during a separation, you will not get equal time to spend with your children.
- Do not make your separation public: Avoid telling people that you and your partner are separating.
Can my ex rent out your house?
If your ex-partner owns the family home in their name alone, you do not have an automatic legal right to remain there. They can: Evict you without getting a court order; Rent out or sell the home without your agreement; or.
Can I kick my ex wife out of my house?
In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.
Can I sell my house if my partner doesn’t want to?
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
Can I empty my bank account before divorce?
That means technically, either one can empty that account any time they wish. However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. Funds in separate accounts can still be considered marital property.
Who pays for mortgage during divorce?
Even during a separation, both of you are responsible for paying any joint debts such as your mortgage loan. It doesn’t matter if only one of you continues to live in the home. You must still pay your mortgage lender regardless of being separated or filing for divorce.
Do I get half of my husband’s 401k in a divorce?
Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.
Is it better to stay in an unhappy marriage or get divorced?
If the answer is yes, then a divorce can be advantageous. However, if divorce will expose your children to diminished resources, such as more conflict and more difficulty parenting, the answer may be to stay with your spouse – at least for the time-being (unless there is abuse).