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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34747
Experience:  Attorney with 16 years experience
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My husband was awarded the house in his divorce to his ex wife.

Customer Question

My husband was awarded the house in his divorce to his ex wife. The divorce decree says we are to sell the house, and she is awarded 50% of the proceeds. However, there is no timeframe listed in which we need to sell it.
We've been carrying the mortgage payments on this house for 7 months and we've had no offers and at this point, we foreclose or we rent it out.
Is it alright that we lease it out, would the ex-spouse have any say-so in that? Or would she be entitled to any rent monies received?
(Tell me if you need to see the divorce decree to provide an accurate answer)
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Is it alright that we lease it out, would the ex-spouse have any say-so in that? Or would she be entitled to any rent monies received? .If the divorce judgment doesn't give you the authority to lease it out rather than sell it, then technically you can't do so.. But realistically, the only one who could complain is the ex wife and if the choices are lease it out or let it go into foreclosure with a default going against both of their credit reports, then it is unlikely that she would object..And if she did object, she would have to file a formal motion for contempt of court to get the matter in front of a judge and I would opine that a judge would find your actions reasonable if the house couldn't be sold for what was owed on it....thanksBarrister .

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