Legal Question in Family Law in Maryland
property & divorce
My husband and I are about to separate. We own a home and in order for me to cover the majority of the bills, I will be renting a room in our home. Since my husband is the one moving out, is he entitled to half of the rent I receive from the tenant? Is there any legal forms he can sign so he can�t evict the tenant without me knowing or any forms to protect the tenant?
1 Answer from Attorneys
Re: property & divorce
If you are going to be paying the mortgage and other related expenses, the rental income should be applied against that. You should sign a lease with the tenant that identifies you as the landlord, unless your husband insists on also having "landlord" rights. In that case, you and he need to establish, preferably in writing, who has primary responsibility for managing the lease. Presumably that would be you, since you're going to be on site.
This situation cries out for a marital separation agreement. If there are children,your husband should be contributing to their support. You should also work out how the marital home will ultimately be disposed of upon divorce, as well as the division of other property, joint debt responsibility, taxes, etc. I urge you to consult an experienced family attorney for this purpose.
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