If my husband and I are going through divorce and he is collecting rent payments on property that is in my name, what are my options?

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If my husband and I are going through divorce and he is collecting rent payments on property that is in my name, what are my options?

My husband and I are going through divorce. We have 2 properties. The second property is a rental and has a title in both of our names but the mortgage is only in my name. In 05/10 the real estate agent did the rental contract for 1 year in my husband’s name only. I knew it should be in both names but did not insist to fix it because I trusted that it would never become a problem. But now my husband is collecting the rent as it would be his personal income and I am 3 months behind on the mortgage for this property. I contacted the tenants and explained to them the situation but they choose to keep paying my husband. What are my options? How can I resolve the problem so the rent money would go to pay the mortgage (as it has been before the divorce began)?

Asked on November 4, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for the situation you are in at this point in your marriage.  You say that the divorce has begun.  Do you have an attorney?  Ask the attorney to bring a motion (a formal request in court to a judge) to enjoin your husband from collecting the rents until there is a determination as to the status of this property (or any of the properties for that matter) as marital assets or separate property.  He is technically dissipating marital assets.  You may have to request that the funds be paid in to court or in to an escrow account that your attorney holds and pays the mortgage on your behalf.  Attorneys have fiduciary duties under the law so your money should be safe.  Good luck.


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