Legal Question in Family Law in California
renting out my primary residence
My divorce is not final yet. I have exclusive use of the marital residence as my primary residence. Am I allowed to rent it out since I have exclusive use?
1 Answer from Attorneys
Re: renting out my primary residence
You have the right to live in the residence. It appears that the intent of the order was to provide you with a place to live. The intent of the order was not to provide you with a source of income. Should you rent the property you would be receiving income from the property. Since the other spouse still has an ownership interest in the property there would also be an ownership interest in the rental income.
You should consult with your attorney regarding the terms of the order for your exclusive use of the property.
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