Paying rent to spouse - correction

Guest 0.10 Dollars($)

Whoops - I meant we had NO joint bank account:

My soon to be ex-husband owned his house before we married. While married, we had NO joint bank account, but he asked me for monthly "rent." First of all, can a spouse ask another spouse to pay "rent"? And secondly, would my "rent" payments be considered a contribution toward the mortgage? I also paid for most of the joint food, etc. And while still married does he have the right to "evict" me? He threatens this all the time. Thanks.

efellowsmba · Joined: 23 Mar 2008 Posts: 1 1.37 Dollars($)

The laws vary state-by-state about how property is divided up during divorce. If you are married and expecting a divorce, you are probably entitled to some portion of the family assets, as well as a share in the family liabilities (unless you signed a premarital agreement that dictated whose stuff is whose).

I would recommend that you consult a divorce attorney to make sure your interests are properly protected.

Caron

Hi Franny,

The rent payments may not be considered as contribution towards mortgage with respect to the calculation of community property interest. Moreover, the property has been owned by your ex-husband prior to marriage, so it won't qualify to be a community property.

I don't think your soon-to-be ex has the right to evict you right now since the divorce isn't over yet. You should talk to a divorce lawyer as Eric mentioned above. By the way, where do you stay? is it a community property state at all?

good luck

freds11 · Joined: 17 Mar 2008 Posts: 17 4.91 Dollars($)

I would have to agree. I would go find yourself a nice lawyer.

Guest 0.10 Dollars($)

Yes, we live in California, a community property state. And it isn't so much that I feel I have any claim to his house--although it seems the money that I have been paying him on a monthly basis is going toward the mortgage. So while his equity increases and I help pay off the property, I get nothing except poorer. It does seem that the money I have been giving should count for something? I have never heard of a spouse asking the other to pay them rent before. Somehow it just doesn't seem right. Especially when he is living for free as there are other tenants in the building. Divorce proceedings haven't started yet. I would just like to know my rights before starting the process so that I don't get strong armed into something either unfair or downright illegal. Thanks for the advice everybody.

Samantha

Hi Franny,

First of all, I don't think it is illegal for a spouse to ask the other one for rent payments. It depends upon how they take this issue into account. Offcourse it doesn't seem nice buit you can't help if anyone asks for it.

I'm afraid but I tool feel the same as otrhers. Since the house has been bought prior to the marriage, therefore even though you pay, you will not be entitled to the community property interest.

However, if your spouse is willing to sell the house, then you may negotiate with him to offer you a part of the sale proceeds. But I suppose he won't because he is also threatening to evict you. So, take help from an attorney asap and settle the issue or else who knows he might evict you some day.

Hope this helps...

God bless you.

Samantha

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