Skip to main content

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

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.

+ Read More

Attorney answers 3

Posted

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 any individual case or situation.

Posted

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 agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

Asker

Posted

One more question, should I bring relocation during the divorce or I should go to the court after the divorce is finalized? I want to be done with him and leave as soon as I can. Thanks!

Bruce Clement

Bruce Clement

Posted

See my AVVO Legal Guide on relocation. Getting court approval of relocation is difficult. If a speedy decision is needed, you should raise the issue during the divorce and try to get the court to approve the move in the final decree and parenting plan.

Posted

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 attorney-client confidentiality and no duty to provide additional responses. Any response is limited to and depends upon the accuracy of the facts provided in the question. To the extent different facts exist, the response could easily change. Responses carry no warranty of any kind and should not be relied upon as legal advice; they are only opinion. All responses are based on Washington law.

John Stocks

John Stocks

Posted

The disposition of your house will likely be decided by agreement. You can only do 3 things: (1) sell it in some way, (2) wife keeps it, or (3) husband keeps it. Each of these options has intricate tangents with advantages/ disadvantages.