Legal Question in Family Law in Texas

My husband and I are separated and plan to file for divorce. He has moved out of our home. My question is can I rent a room out in the home without his permission. I have not worked in several years and am trying to generate some income.


Asked on 1/06/13, 5:45 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Does it violate any deed restrictions in your neighborhood? If so, you cannot do it.

Technically this is complex. He is technically liable for half the benefits and half the liabilities of the house. So if you receive rent, he deserves half of it. But, on the other hand, he is supposed to be paying half the expenses too. So, you can see, it is not an easy answer.

So if you are not violating a local deed restriction or local law, I guess, you can get a roommate.

You did not mention if you have minor children in the home. If it is a person of the opposite sex, and there are minor children in the home, that might be a totally different problem if your husband does not like you having a "roommate".

I hope that you will retain the services of an attorney soon to help you with your divorce.

Good luck!

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Answered on 1/06/13, 9:34 pm


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