Rental Agreement

I am going through a divorce and we are trying to short sale the home that’s in both our names. However, there are renters in the house right now. Since it’s a short sale we were told to stop making payments to the mortgage, but the renters are still paying us the rent. I want to know if I am legally allowed to continue collecting their money even if I’m not paying it towards the home AND if I am allowed to collect it, do I have to share this money with him if my ex was never on the lease ? Also, is he legally allowed to evict them if he wanted to? Thanks!

Asked on June 16, 2009 under Real Estate Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you are asking is not a good question. first, why would you ever listen to your mortgage company telling you NOT TO PAY? DO you realize the implications?

In terms of short selling -- that has nothing to do with paying your mortgage.  You can kiss your credit rating good bye when you don't pay mortgage.  In terms of your property -- if you don't split it with your wife depending on the type of divorce marital property laws you have in Florida, you could be liable for a whole lot more.


For your short sale and mortgage payment issues, call the Florida Dept of Financial Institutions.

For your divorce issues, get a divorce attorney - don't go at this alone.  Try and check his or her record at the Florida State Bar.

In terms of evicting tenants, every state is different but typically when a house is sold, the tenants must go.

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