Legal Question in Family Law in Michigan
Personal Property
I am legally seperated from my husband. We have a home that we own jointly. I have moved out of the marital home, but continue to be an equal owner in the property. He has his girlfriend living in this home am I entitled to rent from her? I have not signed a quick claim deed over to him, so if I am entitled to rent, can it be prorated?
2 Answers from Attorneys
Re: Personal Property
Dear Madam:
This is in response to your email of May 25, 2001, which was received by this office on June 22, 2001.
In response to your question relative to collecting rent, you should first check the provisions of your legal separation document to determine whether or not it addresses rent of your real estate. If it is not addressed in that document and depending upon the legal interest you have in the real estate with your husband you may attempt to partition this real estate to obtain your monetary share of the equity in the home. Additionally, you may simply attempt to execute a rental agreement from your husband�s girlfriend; however, collecting rent may become a problem.
If you have any other questions, please feel free to contact our office at the number listed below.
Sincerely,
Blair Moody attorney for Nichols & Eberth, P.C.
(313) 561-5700
Re: Personal Property
Depends. If your husband is charging her rent then you may be entitled to 50% of the rent. Normally you would receive a credit for such in the property settlement at the time of your divorce. If he is allowing her to stay there as his guest then you would not be entitled to any compensation. Contact a Family Law Attorney in your county and start a divorce action so that you may preserve your rights. Do so only if there is no hope for reconcilliation with your husband. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
