Q: Our son was divorced one year ago this Oct. Per the decree, the marital home (which is owned JTWROS by my wife and me
Is supposed to be sold within 3 years (now 2 years). My wife refuses to sell, AND In fact, has leased the home to our former daughter-in-law without my knowledge or consent. The decree specifies no rent is to be paid for the 3 year period, and I assume my wife’s lease also is rent-free.
Question: Is the lease Null & Void?
A: Hello. It's difficult to know without looking at the decree or settlement agreement about the status of the lease. It may be valid unless there's a provision stating it can't be leased during that time period. Your son can enforce the decree once the time to sell has lapsed if the house is still not sold, which sounds like two years from now. I would recommend going with your son to an attorney in your area and get some guidance on what the options are for both of you. Bets of luck!
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