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Currently I have a joint mortgage with an ex-husband than he agreed to leave the house and I have been paying the mortgage for more than a year plus bills.I want to rent the house outCan my ex partner claim 50% of this rent I collect? by melody39 from San Jose, California. Jun 3rd 2010 Reply


Gregorio Denny (GVDenny)
#257 ranked lender in California - 380 contributions

Disclaimer: I am not a lawyer and this is not legal advice. I believe that whether he would be entitled to half really depends on if you are in a community property state or not. In a community property state, technically, all income is a marital asset and split equally, so he would be entitled to half the rent proceeds. This assumes that there is a positive cash flow. However, if the rent is just covering the mortgage that he is not paying, he would get nothing. Since you are covering all the bills, expenses, etc. the likelihood of him getting it is slim to none. The most he could ask for is half of whatever positive cash flow there is and he would have to get that in a divorce settlement. If possible, you should have him sign a quit claim to release title and refinance into your name alone if possible. Again, I am not an attorney and you should definitely seek the advice of one in this situation. Gregorio Denny -- WeFixRates.Com --

Jun 3rd 2010
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John Neibich (JohnNeibich)
#29 ranked lender in Arizona - 4 contributions

First, get a real estate lawyer, and second, the first question for you is, is the ex on the home's title? Does he own an interest in the home? If he does, then you likely will owe him some portion of the profits, being the rent minus expenses.

Jun 3rd 2010
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Rudi Hofmann (CaPortfolioLoans)
#281 ranked lender in California - 380 contributions

For legal advice contact an attorney.Ex husband? Ex partner? .... Happy funding, Rudi

Jun 11th 2010
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