Can I rent the house after divorce and relocate to another country?

Asked over 1 year ago - Seattle, WA

I am getting ready to file for a dissolution of marriage with a child in WA state. I have the title of the house and bought last year still have a debt that more than the market value of the house. My husband has disability and never worked nor had any income. I am planning to relocate to another country after the divorce. I would like to rent out the house to have options if I want to come back for my child's education. Since I am the one making the mortgage payments I will ask judge to keep the house. My husband tells me that I HAVE to sell the house. Is that legally true? what are my rights? I don't have money to get a lawyer so trying to figure out things by myself.

Attorney answers (3)

  1. Dave Hawkins

    Pro

    Contributor Level 20

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    Answered . Unfortunately, if the child is of the marriage, you will not be able to relocate over the objection of the Father without a full trial as to whether the relocation is in the best interests of the child. The house has a community property component to it so he has a community property interest in the house. Unless you can buy him out of his interest in the house, the Judge may indeed order that the house be sold. I hope you intend to hire counsel because from what you have written, it is apparent that you are ill-equipped to prosecute this type of case without counsel. There are some very complex issues here which you have not addressed.

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more
  2. Bruce Clement

    Pro

    Contributor Level 19

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    Answered . If the Dissolution Decree requires you to sell the house, you will have to sell. The court has the power to decide whether, and how, a house must be sold. If the market value is less than the loan on the house, there is no equity to divide with your husband. For that reason, the court will probably award the house to you, require you to make payments, and order your husband to quit claim the house to you. You would then be free to rent it out. Relocation with the child would be subject to court approval if your husband is the father.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  3. Douglas Paul Becker

    Pro

    Contributor Level 7

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    Answered . The first two attorneys gave good answers. Of course, not everything is required to go to trial. If you and your husband can reach an agreement, it will make things pretty simple. Just remember that you will need either the court's approval or the father's written agreement to relocate your child out of the school district. You might also want to get advice about whether it would make more sense to give the house back to the bank if the rent you would get is less than the mortgage payment.

    By asking your question on AVVO you agree and understand there is no attorney-client relationship established, no... more

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