Rental house and separation


#1

I owned a house before my wife and I got married and have rented it with an agreement for them to purchase. My wife has kicked me out of our house and in the meantime my lease on my rental home is coming up. Do I have to have my soon to be ex wife also sign a new lease agreement with my tenant, or because she has kicked out and the lease is up matter? It’s my belief she won’t sign if asked just out of spite
so I’m stuck in a bad situation with my rental home.


#2

I am not completely clear on what your question is, but your wife does not have to sign as lessor on a home you owned before the marriage.


#3

My questions is this:

My renter’s lease is up Jan 15th and I need a new agreement with them. Since I owned the house before
I was married, does my wife also have to sign this lease because it’s now mutual property or can I enter into this lease with my renter by myself without my wife’s approval/signature.


#4

You may do so without her approval.


#5

I’m so sorry, I forgot to mention my lease is a lease to purchase agreement. Now, does that make a difference?


#6

No, but you will need her to sign a Free Trade Agreement.


#7

Mores question on this…

I have this lease to purchase agreement on my house I owned before we were married. The lease is due to expire at the end of May and my lessee has to either renew the lease or purchase the home.

My questions:

  1. if I want sell, can my wife block this in any way? (we don’t have a separation agreement in place). Can she refuse to sign a free trade agreement or quit claim?

  2. if my lessee wants to renew a lease to purchase, does the wife have to also sign?


#8

She can refuse to sign the free trade agreement or quitclaim deed, but since she is not on the deed, the sale should go through without her participation.