Wife abandons house - what limitations exist to prevent me from renting out

jacbusa3

New Member
Jurisdiction
New Hampshire
I have been married for 18 years and filed for divorce 3 years ago. My soon to be ex-wife was until recently living in the property we have co-owned for 10 years. We are both co-borrowers on the mortgage too. During the 10 years we have owned the property, I have made every mortgage payment. When we separated, I explained to my wife the need to sell the house, given there were now two economic units, not one.
I offered to give my ex 100% of the equity realized at sale so it could be used towards a deposit and security for new rental for her. She refused to move and after several months I told her that I could not afford to continue to pay for the mortgage 100% myself. I told my ex that she would need to make some contribution to the mortgage, otherwise I would have to stop making the payments. She refused to contribute.
The mortgage went in to foreclosure. In an attempt to save the house and avoid foreclosure, I offered some monies to help her move out and to move a tenant in who could cover the mortgage. Again, she refused.
The mortgage is now in default and she has received a foreclosure notice. I have been in contact with the bank through out this time and they know I wish to keep the home. Last month, my ex abandoned the house and moved in to a new rental apartment, with out notifying me or the bank.
I now want to avoid foreclosure and sign an agreement with a tenant. The bank knows I am looking to do this. Given my ex abandoned the house, did not disclose to anyone, has not made of the payments in the past, has not had any contact with the bank, what is to stop me from entering in to a lease agreement to rent the property out and therefore resume mortgage payments and avoid foreclosure?
I have sent an email to the ex to let her know what I intend to do and she has not responded.

Thank you.
 
what is to stop me from entering in to a lease agreement to rent the property out

Nothing.

Oh, wait.

Your still married and your wife is still an owner of the property and has every right to move back in without a moment's notice and make life miserable for your tenant who will likely, in turn, sue you.

By the way, what the bank "knows" means nothing. If you don't make your payments, you lose the house.

Why is your divorce taking three years? Why aren't you more pro-active in getting done and getting a court order as to the disposition of the house? You are screwing yourself by letting your wife walk all over you.
 
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