What to do if our lease is ending and my ex-husband wants the deposit?
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What to do if our lease is ending and my ex-husband wants the deposit?
I am in WA and my ex resides in MT. Our divorce was filed no-contest in MT with a prenuptial agreement and it was finalized about 3 weeks ago. In the prenuptial agreement, I keep the home which we were renting together in WA. I am not renewing the lease at the end of this month and moving to IL to re-coup with family. My ex-husband is demanding the deposit be given to him. We were married when we signed the lease, he did indeed pay the deposit. However, I have taken on the financial burden of the home since July and, due to the prenup, I feel that the deposit is mine. Am I correct or can he successfully go after me in court for the deposit?
Asked on October 22, 2019 under Family Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You may have taken on the financial burden since July, but you have received something of value for doing so: a place to live. Therefore, you are not owed anything else for that financial burden. Since your husband provided the deposit, he would be the one entitled to receive it back.
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