Legal Question in Family Law in Maryland

Legal Renting of House

My husband and I recently divorced in the state of Maryland. In the divorce papers it says the house is to be sold. It also says that I am responsible for the 1st mortgage and he is responsible for the 2nd mortgage which is solely in his name and is a line of equity. I am moving in with my boyfriend and he is currently living with his girlfriend. My question is am I able to rent this house until it sells? If I rent the house do I have to include his mortgage payment in the rental price? We both are still on the mortgage. It does not say anything about not renting it in the divorce papers just selling it. I have possession of the house until it sells.


Asked on 4/15/08, 1:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Legal Renting of House

You can rent out the house, but the rental income belongs to both of you and therefore should cover both mortgages if you can get that much. Also, unless you think it's going to take a long time to sell the property, or neither of you is in a hurry to get your equity, you will be better off not to have a renter in the property while you are trying to sell it. Talk to a realtor about this.

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Answered on 4/15/08, 2:09 pm


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