Legal Question in Social Security Law in California
Ex-Husband co-owns house with me
My ex-husband and I own our house together, when we got divorced we made an agreement in writing that I would live in the house with our daughter and pay the mortgage with the help of a roomate. We have been doing this for over a year. I now want my boyfriend to move into the house, and my ex-husband is saying no. He said if his name is on the house, then he can say who can roomate their and who can not. My ex-husband hasn't paid anything toward the house for awhile, but he is still getting the benefits of owning a house on his taxes and writing half the interest off. Does he have any legal rights to say who can and cannot live there because he owns part of the property even though he hasn't paid anything towards it in over a year?
P.S I can not take his name off the loan because of the housing market right now, we owe more than the house is worth. Our plan was to leave his name on the house for a couple years to see if the market will go back up.
1 Answer from Attorneys
Re: Ex-Husband co-owns house with me
Hello
1st, under current IRS tax laws, if you are paying all of the mortgage, you may deduct all of the interest expense and related deductible items.
2nd, not knowing the full content of your "deal" or even if you have set out a deal in writing, generally, if you are the only occupant, you can "rent a room" or have a roommate.
Obviously, if it is a war as a result, that is a personal rather than a legal set of questions.
Obviously, under California law, as the sole occupant, you can legally direct who comes, goes and stays, subject to the terms of your written agreement.
I hope this has been helpful.
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