Legal Question in Real Estate Law in Missouri

I would really appreciate any help with this question. I am going through a divorce, we are not divorced yet, but my wife says she wants nothing to do with the house, she wants off it completly. I am having some roomates moving in, and I need to know if she can kick them out if she decides. I am trying to cover all bases here, if myself and the tenant sign a rental agreement (or whatever needs to be signed to rent out space, I'm not sure) will that hold up in court without her signature?


Asked on 12/08/10, 10:38 am

1 Answer from Attorneys
Anthony Smith LawSmith

This is sticky question. Obvisouly, the best sceanrioe is that you and yruo wife enter itnot eh rental agreemetn a sjoint landlords. As long as you get a letter from your wife stating that she understands that you are obtaining renters to help defray the costs of maintaining the property (pay mortgage and utilities and make repairs) she may not be able to later, halt the rental agreement. If you cannto get such aletter, you nee to atleas tmake her aware fo the rentla agreement by writing. Sinc eyou get to live itn ehhouse, the rent you get from the rnters will probalby get credited to her portion of the obligations on the mortgage and utilites. Your attorney can explain this process to you better. If you hav ento attorney, then you may have to rely on representations from her attorney to decide if she will contest the rental agreement. If she has nto attorney, then you need to make sure you can prove to the Divorce Court that you made her aware of the rental situation.

Good luck

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Answered on 12/14/10, 9:27 am


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