Legal Question in Real Estate Law in California

Re: Joint Landlords are Divorcing

Such a mess! You could tell them you'll hold the check in a segregated account until they work it out between them. Or, you can split it -- one check for wife, one check for husband. Or, talk to their divorce attorneys and have more reasonable minds give you instructions. The best bet, of course, is to send a certified, return receipt letter to both asking for one instruction. The problem, of course, is that you have no written lease, so you probably are on a month-to-month tenancy. More than likely, the property is community property if purchased during the marriage with community assets.

If there is a divorce proceeding in court, you might interplead the funds with the court and have them fight over it in front of the judge.

Finally, you might repost this for a family law attorney to respond.

Re: Joint Landlords are Divorcing

Another common solution in such circumstances is to make out one check payable to both of them (with an AND between their names) so they both have to endorse it. This may work.

If there is a dispute as to which is legally entitled to receive the rent, that may depend upon who holds title. More likely than not, a check of the recorder's office would show it is community property or held as tenants in common or joint tenancy. If, however, it turns out to be the separate property of one or the other, that is probably decisive on the issue of which should receive the check and to whom it should me made payable.