Ifour landlords in the middle of a divorce, who should we pay the rent to?

UPDATED: Nov 17, 2011

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Ifour landlords in the middle of a divorce, who should we pay the rent to?

Since last year we’ve been asked to pay the rent to him at a different address which we did without problem. A month ago, we signed a new lease for 1 year with him only not her. Yesterday she e-mailed me asking to be added to the lease that finally they are not sure how they are going to split the house and that we send the rent with 2checks with both names on it. The e-mail was CC’d to him as well. 5 minutes- later he emailed myself only to tell me that the house is his and that we have to send the check to him. What should we do?

Asked on November 17, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yiu should pay the rent to whomever is listed on the last lease agreement that you signed for the rental. If both of the names of the husband and wife are on the lease, then you make the check jointly to both of them.

As to where to send the rent check, I would ask both the husband and wife for the names of their attorneys (assuming they have one). I would then write each attorney asking direction as to who you send the joint check to each month for your rent in that you do not appreciate getting caught up in the divorce issues.

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