Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default How to Handle a Security Deposit in a Divorce Case

    If a married couple rents a home together, then later divorces, what happens with the security deposit. One spouse is going to remain in residency as a tenant, and the other wants his half of the security deposit returned to him. The landlord won't refund the deposit until the tenancy ends.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Handle a Security Deposit in a Divorce Case

    If they choose, the parties can address the security deposit in their divorce, and then execute a document in association with their divorce judgment that instructs the landlord to pay the deposit to the ex-spouse who remains in residence. They should discuss this plan with the landlord so that he knows what they intend and can get any needed clarification.

    Basically, the security deposit may be assigned in the divorce as an asset of the spouse who remains in the rental property, with the spouse who moves out receiving a similarly valued asset (or cash) to balance things out.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: How Should I Handle My Divorce
    By hlu in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 12-15-2017, 05:05 AM
  2. Eviction Process: Landlord Won't Return Security Deposit After Settling an Eviction Case
    By vitaisaries28 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 10-28-2014, 09:50 AM
  3. Expungement and Sealing: How to Handle Your Own Expungement Case
    By cornelius in forum Criminal Records
    Replies: 4
    Last Post: 04-10-2014, 10:40 AM
  4. Holding Over: Tenant Moving Out, Unsure of How to Handle Security Deposit
    By xennotech in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-03-2012, 10:49 AM
  5. Divorce: How to handle situtation in Divorce
    By marsha in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 08-15-2005, 07:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources