So my divorce isn’t finalized yet, and I haven’t even received a court date. My wife hasn’t lived in the house for several months, and my sister wants to move in. I’m wondering if my wife has any claim to any rent I might get from renting the place out. Also, the house is in dispute—she wants to sell, but I want to buy her out. Is there any way to settle this before we get to court?
Hey, I’m not a lawyer, but it sounds like rent income after separation is probably considered separate from your divorce. If she’s not living there, she might not have a claim. As for the buyout, I think if you two agree, it can be a simple signed agreement and filed with the court. Just be sure you get everything documented.
I’m dealing with something kinda similar. I would be cautious with renting it out until the divorce is finalized. As far as the property goes, if she’s willing to sell, maybe you could find a way to do a temporary agreement where you buy her out now, but the court finalizes it later. That might give you more peace of mind.
Honestly, rent income is probably going to be considered post-separation income, so I don’t think she’d have a claim on it. If you’re able to buy her out, just get everything in writing with a lawyer and make sure the court approves it. That’ll prevent any confusion later.
I’ve been through a divorce too, and I agree with everyone else. For the rent, it’s really about how it’s classified legally after the separation. As for the house, if you can come to an agreement about the buyout before court, it’ll save a lot of hassle. Just make sure it’s all legally documented!
It seems like if you’re not living together and you haven’t agreed to rent, she likely wouldn’t have a claim. I’d recommend just making sure everything is clearly stated in your buyout agreement so she can’t come back to challenge it in court later. Good luck!