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LegalPro, Lawyer
Category: Family Law
Satisfied Customers: 589
Experience:  33 years experience in domestic relations and family law practice.
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I am a married woman in California whos husband has stated

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I am a married woman in California who's husband has stated he wants a divorce. I have not yet been served any papers. We have another home in Nevada which was purchased with inheritance money of my husband's. He has "banished" me to that home for the time being. I have found out that he is trying to rent out a room in our California home. Can he do that without my permission? We are on title as husband and wife as joint tenants.
Submitted: 5 years ago.
Category: Family Law
Expert:  LegalPro replied 5 years ago.
Your husband can't legally 'banish' you to anywhere. You have as much right to occupy the California residence as he does, and to control whether a part of that residence is rented out or not. If it were your joint decision to rent any portion of any residence out you also have the right to receive the proceeds of the rent. There may arise an issue as to whether the Nevada residence is marital property or not if purchased from his inheritance. There remains the possibility that a portion of the Nevada residence may be marital property. These matters need to be determined through a divorce action and not according to the individual decisions of the parties. I know you will seek counsel from a competent professional who regularly practices in the area of family law or domestic relations.
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Customer: replied 5 years ago.
How would I go about stopping from renting out a room?
Expert:  LegalPro replied 5 years ago.
You can personally interfere by informing husband and tenants that the property is not for rent. You can personally ask the tenant to vacate the premises. You can also file an immediate divorce action asking for an immediate temporary judgment or injunction against the property being leased.
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