Married purchased two bedroom apartment on mortgage, co-borrowers, on1/2 share wife left for another?

Response from
In general, it is not a lease, but a contract of lease of residential premises. And, since the property is shared, it is possible to rent a living space or part of a living space, a room, only with the consent of all co-owners. And the determination of the order of use of the premises by the agreement of the co-owners, or the decision of the court regulates only the relations of owners for the use of the premises, and not with third parties, so the agreement or decision of the court - it does not matter in this context. And you are better off with a court, not an agreement. You argue in court: you actually live in the apartment, and his wife left and does not live, why she need a large room if she does not live anyway. This is while you are sure that she will not live with you in this apartment, although anything can happen, she may come back, but not to you, and in the apartment to live in it as the owner of a share in the right. The dispute about the division. payment for housing. and commun. services. overhaul. you have not been, you have established an order to pay in equal proportions. of ownership as you implement this order we do not know, maybe she pays for even months, and you - the odd, but things can change, for example, his wife will stop paying, so in court, make a claim for payment division - to put you in the department. bills for payment, and if she will not pay on her notice, it will be her personal debt. - On the credit. agreement is good that agreed and disciplined pay equally, too, m. b. in line, but his wife can stop paying, and the debt is common to you, the marriage money jointly acquired in the marriage, and it does not matter to the bank, from which of the spouses to recover the debt. - Unreasonable assumption: assuming that she can still charge me for the use of her share. No reason. Under the contract. for example, can require the landlord to pay for rent from the tenant, but you do not have a contract of tenancy of a part of the premises. and can not be. It can not force you to conclude a contract of tenancy, because Art. 421 of the Civil Code - the freedom of contract. You are both co-owners of the living space and both have the right to live in the living space.