Renting through a divorce, need some legal advice. (house, finance, paying)

[rayjwhitney]

My wife and I have been seperated one year now. We have shared 50/50 custody of my 1.5 year old daughter. I have been living in the house that we had purchased together 2 years earlier and have been paying the mortgage there solely, without child support and any help from her.

I'd like to rent this house out, at less than my mortage, but am having trouble refinancing in solely my name.

If I rent the house out, do I have to fear that she will ask for half of the rent I accept for it even though it will still be at a loss?

Any help or links to something legal would be greatly appreciated. If it matters any, I'm in Northern Virginia.

Thanks

[ShaneSA]

You need to talk to your divorce lawyer. Your in such a unique situation that all the details need to be examined and a decision made based on the details.
Not on the internet.

[Paula Lynn]

ShaneSA gave you excellent advise,

[ESFP]

Yea, the internet is not a good place to get legal advise, or advise from me. But, since you ask... I doubt that a bank would finance a place with negative cash flow or, to someone who divorced after 9 months marriage and has support obligations. If you've been paying mortgage without sueing her for assistance, that's over and done with. I doubt that you can get any of that money back, especially since you're still married. I'd consider selling the place, satisfy your wife's legally mandated share, and move on.