Legal Question in Real Estate Law in Illinois
Am I able to rent my home out when married but living separately from my spouse? She has indicated she does not want to rent home, but it is sitting empty and neither of us are living in it. We have tried to sell it but their has been no movement on it at all for over 2 years. Financially neither of us can afford the paymen ton it and our other living spaces, and neither want to ruin credit by giving it to mortgage company. She is not even paying her portion of the utilities on it.
2 Answers from Attorneys
It depends on what type of loan you have. Some loan programs do not allow you to rent the property at any time, some require the lender's consent, some allow you to rent the property after one year, some do not restrict renting the property. A review of your mortgage documents would be required to give you an answer.
As Mr. Moens says, always check with your mortgage lender first. If they say OK, there may be limitations, such as no longer than a year at a time, market rent, etc. You may need to get the actual lease approved. If you get beyond those issues each of you has an equal right to rent the home if you are joint tenants or tenants by the entirety but not if you are tenants in common. Still to avoid issues have an attorney get your estranged wife's ok; you may have to give her an indemnity but this may prevent her from attempting to have the tenants you lease to, evicted.
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