If my husband has been renting out our house since our sepration, am I entitled to any of the rents collected?

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If my husband has been renting out our house since our sepration, am I entitled to any of the rents collected?

I left my husband last year. He remains living in our mortgaged house and both of our names are on the deed. He since has 2 people renting rooms without my permission. He charges them each $300 oer month. He has never given me any of the rent that he receives. Is he breaking any laws?

Asked on September 14, 2012 under Real Estate Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

Maybe.  Maybe not.  There are many variables here that one needs to know.  First, have you filed for divorce or separation?  If you have and he has exclusive use and occupancy then probably nothing illegal or adverse to the divorce laws.  If you have not filed anything and the money is say helping pay for the mortgage, maintenance and upkeep then it could be helping sustain your investment.  You need to speak with an attorney as soon as you can here.  Start the process to move on and away.  Good luck.


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