Real Estate Law
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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Grandfathering is not automatic. It's up to the board to include a provision in the amendment stating whether people who rented their units prior to the amendment will be continued to do so. You are free to show up at any meetings on this topic and explain them why you feel that current landlords should be grandfathered in. If the amendment doesn't say there's an exemption, then there isn't one provided by law. As long as they follow the procedure for passing an amendment, it will be valid.
Whether you can rent the unit again after it's vacant will depend upon the exact wording of the amendment they pass. If they say you all get 2 more years of renting as long as you have a tenant in there when the amendment is passed, you shouldn't have a problem. If they're only allowing existing tenants to remain for 2 years, you wouldn't be able to rent again. But in that scenario, you could try offering the existing tenant a month to month lease while you searched for a buyer.
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You will remain the sole owner, as long you do not commingle the proceeds from the sale with marital funds. That means putting the money into a bank account in your name only and using that money ONLY to buy the new property. You can't use any marital funds toward the purchase, or that gives your husband an interesting. For added insurance, you can have your husband sign something agreeing to waive all interests in the property - but what you need is a postnuptial agreement. A will only dictates what happens when spouses die.
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