Legal Question in Real Estate Law in New Jersey

Rental checks

I have a rental shore property at the Jersey shore in my husbands and my name. We are currently seperated, soon to divorce. All the rental checks are going to him. Can I get half of the rental monies sent to me and half to him. He is currently getting all checks and keeping all proceeds. Rentals for the summer for one week are going for up to $4,300.00 per week. Do I have any legal claim to one half of the checks being made out to me?


Asked on 4/18/04, 12:12 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Rental checks

If the property is in both names, the rental checks should be in both names. You do not say what your husband is doing with the checks. Is he paying bills like taxes and insurance? He cannot endorse the checks, if made in both names, without your consent. I suggest opening a new bank account, with joint signatures. Deposit the checks in this account and pay all bills from it. Both signatures should be on the checks. If he refuses, you are entitled to an accounting from him for monies collected so far, and the court can direct the new account. Your attorney may have to get a court order to cover this, if you cannot do it amicably.

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Answered on 4/19/04, 10:04 am


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