Legal Question in Family Law in California
can incarcerated ex charge me rent for living in our home?
soon to be ex-husband (divorce & settlement not finalized yet) has restraining order against him from me prior to being now incarcerated for 12 yrs. he wants to charge me rent for living in our own home. we are both on title and both on the mortgage note. Can he charge me rent? I am paying the mortgage with my own money
1 Answer from Attorneys
Re: can incarcerated ex charge me rent for living in our home?
As a general rule he cannot charge you rent. However, there are circumstances under which he can request payment for one half of the amount that the rental value exceeds the mortgage payment. Also he is accruing one half of the increase of the value of the house while he has been incarcerated. You should consider taking immediate action to disolve the marriage or at least get his name off the deed to the house. Contact an attorney and review this matter to get a more complete answer.
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