Can I rent out half the house?

I am the borrower on my house; the co-borrower currently lives in the home. We have been trying to get the separation of property taken care of for years. Last year a judge finally ordered for the home to be sold and for the equity to be slit 50/50, and since the co-borrower was residing in the home, he would keep up on payments and cooperate with the sell of the home.

He stopped making the mortgage and paying the HOA, and essentially has been living in the home for free, and has not made any effort to sell the home, which is now facing foreclosure and a judgment has been ordered towards the HOA payments.

In attempts to try and save the home from foreclosure, can I rent two of the three bedrooms out? I have 2 people who are college students and interested in renting a room each on temp basis. Since the co-borrower has stated that the mortgage won’t get paid unless I come up with half, can I rent the two rooms, while the co-borrower still resides in the home?

The first order of business is, why was the house not placed on the market after the Court ordered it so? Or was it, but you didn't add that factor in?

Secondly, are you living in the home or do you reside elsewhere?

Thirdly, does the deed indicate Joint Tenancy, or Tenants in Common?

If the court did not grant exclusive possession to any one party, and you have Joint Tenancy, yes, you are within your legal right to rent out the rooms regardless of whether the co-owner lives there or consents. It is your property too and I'm assuming your name is also on the mortgage? Failing to pay affects your credit too.

I'm not sure I understand why this person would fail to pay his own mortgage but keep up payments with the Home Owner's Association. That really makes no sense. I'm also not sure why it was up to him to make an effort to sell the property. That should have been your responsibility as well.