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  • If a married couple owns a house and the wife rents it out...

    and husband has not signed the lease,is it a binding rental agreement in Va or can I return the partial payment they gave me and not rent it?

  • #2
    re: If a married couple owns a house and the wife rents it out...

    I wish to inform you that in this case of giving the property on lease, the wife is acting as an agent of husband. Now in case the husband has given such authority then the agreement is valid. However, if the husband has not given any such right then the agreement is not valid. Further, in case your husband has retained any benefit or by his conduct has shown that he has ratified your authority to give on lease then the lease will be valid otherwise lease being invalid you may have to return the benefit to the other party.

    AFF

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    • #3
      re: If a married couple owns a house and the wife rents it out...

      It appears this Affa person is here simply to ramble on without even attempting to take an active role in knowing the slightest idea what he/she is even talking about. Who in the world talks in riddles like that besides the mentally ill?

      While it may depend on the state in which you reside, it's pretty much common all across the board that if a husband and wife own property, they usually own it as Joint Tenants, and not Tenants in Common. Check your title, and if it reads "Joint Tenants", then read on:

      Joint Tenancy means that both own the property equally and its entirety. Which means, if the wife wants to rent out the home, she does not need the husband's "authority" or permission. The property in its entirety is just as much her house as it is his, and as such, she has complete range and control over what she wants to do with it.

      So the answer to your question is, yes, the wife can rent it without the husband's permission. This is assuming the property is not already lived in by them and they are not going through a divorce, where the property owned will be involved.

      If the property is NOT owned as Joint Tenants, then the other parties named on the lease would need to approve and sign the lease as well.

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      • #4
        re: If a married couple owns a house and the wife rents it out...

        Joint tenancy is a common option for two people who are married or in a long-term relationship. They own the property in equal undivided shares under the same title. Joint tenants cannot own a property in unequal shares. Such a transfer can have stamp duty implications. But if the property is the family home, stamp duty may be waived. Buyers need to check their local situation, as there are state differences. The tenants-in-common partners will be jointly and severally liable for repaying any loans. If one party can't meet their obligations, the other party or parties will be required to meet them.

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        • #5
          Re: If a married couple owns a house and the wife rents it out...

          Originally posted by Unregistered View Post
          It appears this Affa person is here simply to ramble on without even attempting to take an active role in knowing the slightest idea what he/she is even talking about. Who in the world talks in riddles like that besides the mentally ill?
          Do we need to insult? The poster may not mean to speak in riddles. English may not be his or her first language and the verbiage may suffer in the translation. Keep in mind that this is a worldwide forum and some posters will speak different languages here. For his or her country, requiring the husband's approval to lease may be the legal method. We really need posters to list their country when they ask questions to make sure they are given advice that coincides with that country. Perhaps the administrator of this forum can add a line for that or remind posters of that when a post is written?

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          • #6
            Re: If a married couple owns a house and the wife rents it out...

            To the last poster: please check the OP's question. She names the state as Virginia. This would also apply to Affa, if you are taking up for that poster, as the OP clearly stated the State the issue takes place in, which is in the country of the United States. This would also give "Affa" some indication as to what country it is he/she is replying to.

            This Affa person has been consistently giving out highly irresponsible advice that is not even remotely related to any real laws, and seems to be just rambling. If you find it insulting, so be it. How does one insult a complete stranger anyway, exactly? If that person has not stepped up and defended themselves, it's forward for you to do it.

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            • #7
              Re: If a married couple owns a house and the wife rents it out...

              "How does one insult a complete stranger anyway, exactly?"

              Easily. Like this:
              "Who in the world talks in riddles like that besides the mentally ill?"

              Mental illness is a disease and is nothing to joke about. Name calling is not appreciated by this forum. If you cannot refrain from doing so, I suggest you stop posting. Although I may not agree with AFFA's posts and sometimes believe they are inaccurate, at least they are polite. Unlike yours. I can post about those inaccuracies without insulting him or her. So can you.

              Comment


              • #8
                Re: If a married couple owns a house and the wife rents it out...

                You can "suggest" until you are blue in the face, but until and unless you are the forum owner/moderator, people are free to post with or without your moral approval. If you cannot handle what you read here, and keep your business to yourself, perhaps it is you who would be better off not posting here.

                You are taking this thread off topic by taking up for someone else who is more than capable of defending themselves. You are sticking your font into business that is not yours.

                If you, or anyone else is "insulted", that suggests feelings of personal inadequacies more so than anything. People are free to express what they want, as there is this thing called freedom of speech. You might not like it, but you can do nothing about it. If you believe in censorship, create your own forum where you can be the dictator of all, if you have such control issues.

                Until then, stick to the topic of the thread and stop hijacking it with your own personal issues.

                Comment


                • #9
                  Re: If a married couple owns a house and the wife rents it out...

                  Originally posted by Unregistered View Post
                  You can "suggest" until you are blue in the face, but until and unless you are the forum owner/moderator, people are free to post with or without your moral approval. If you cannot handle what you read here, and keep your business to yourself, perhaps it is you who would be better off not posting here.

                  You are taking this thread off topic by taking up for someone else who is more than capable of defending themselves. You are sticking your font into business that is not yours.

                  If you, or anyone else is "insulted", that suggests feelings of personal inadequacies more so than anything. People are free to express what they want, as there is this thing called freedom of speech. You might not like it, but you can do nothing about it. If you believe in censorship, create your own forum where you can be the dictator of all, if you have such control issues.

                  Until then, stick to the topic of the thread and stop hijacking it with your own personal issues.
                  I could say the exact same thing about your posts. You demand answers to irrelevant questions, insult people when they refuse to answer you, and complain when you are bored about a post. If you do not like the posts, either do not respond to them or at least be polite in your disagreement. You should be capable of a little common courtesy. If you cannot, that shows your personal inadequacies, not mine.

                  Comment


                  • #10
                    Re: If a married couple owns a house and the wife rents it out...

                    Are you still blathering? Grow up dear, and realize that people will be rude in your life. Once you learn to accept that everyone is different, the less you'll raise your blood pressure fretting over things that you have no control over and can do nothing about. If a faceless stranger typing words on the internet provokes you to this degree, you have some serious issues that need dealing with. Try a hot bath and a cup of tea

                    Comment


                    • #11
                      Re: If a married couple owns a house and the wife rents it out...

                      Originally posted by Unregistered View Post
                      Are you still blathering?)
                      Apparently you are...

                      Comment


                      • #12
                        Re: If a married couple owns a house and the wife rents it out...

                        Oh for pete's sake. Grow up, and stick to the topic of the thread people.

                        Comment

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