Legal Question in Real Estate Law in California
office leasing and breach of contract
While disabled, I filed for divorce from my husband. We shared a suite of psychological offices which we leased together 10 years ago. We are not yet divorced and my husband has violated the basic family restraining orders not to transfer, dispose of etc. personal property. The office of the building is aware we are not divorced, but went behind my back and renegotiated the lease in my husband's name only. The original lease was in both our names. What recourse, if any, do I have? Thank you.
2 Answers from Attorneys
Re: office leasing and breach of contract
You have the right to the original lease for whatever the term was.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: office leasing and breach of contract
You have different rights against different people. Against the landlord, you have whatever rights were
provided in the lease, if it was still in effect. If the original lease had lapsed, and you were a month-to-month
tenant, you may have no rights.
Against your husband, you have rights coming from the automatic restraining order issued as part of the dissolution. If the
lease has value, you are entitled to your share of the value. If there is no value, but the lease was convenient to your business, and the lease was in effect (not
lapsed), the court has the power to require your husband to recognize your half-share, even if the lease on its face was wrongfully renegotiated to name only your husband.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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