Can I rent the house out?


#1

We have agreed to separate but still live together. I am unemployed without income. Spouse hasn’t paid the mortgage in 2 1/2 months. The house is in my name, spouse is only on the deed. Can I rent the house out to avoid foreclosuer? How do I get spouse out?


#2

You cannot separate and still live together. If your spouse has not committed any sort of martial misconduct you cannot force them out of the house.

You must move out, file an action for Equitable Distribution and include a motion for interim distribution seeking an order allowing you to have possession of the home in order to rent it and save it from foreclosure.