Renting Your Half Marital Home After Being Kicked Out

advice on divorceQuestion:

I was served with an emergency order of protection based on false allegations in order to keep me from entering our jointly-owned marital home.

I have no place to live with no stable income so I was thinking of renting my half of the home.

Will the court allow me to rent out a portion of the marital home if I have been kicked out but am still a joint owner of the property?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide any advice on property laws in your state.

Generally speaking, this is a bad idea. Although each state has its own rules regarding the transfer of property rights, it is very likely that you would not be able to get away with trying to rent your interest in the house.

Additionally, if there is an underlying divorce, separation, or other domestic action, there is likely an injunction in place barring such transfers. The judge in the domestic action would almost certainly block any attempt to force your wife to accept a renter in the home.

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Keep in mind, however, that if it comes to light that the basis for the emergency order of protection is denied by the judge and that your wife has unjustifiably barred you from the house, under property law you may have a right to seek money damages against your wife for the time you were kicked out of the marital home.

You may also have a claim for your attorney fees if the emergency order is found to be frivolous.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and legal advice on divorce, I urge you to contact a family law attorney.

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Christian D. Barnard, an Associate Attorney in the Tulsa, Oklahoma, office, please contact Cordell & Cordell.

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