Separated ex collecting renting room. Am I owed?


When my ex and I split six months ago I vacated the marital home we own, and we each pay 50% of the mortgage, tax, insurance and HOA. We have only just begun to negotiate a Separation Agreement. While I have not been back to the home, we do not have a formal agreement granting my ex Exclusive Occupancy.

My ex has rented a spare room to a roommate, who is paying rent to my ex. Should I be due money from this rental income?


Likely you are not owed a portion of the rental income. Your spouse has possession of the home and can generally rent out a room as he or she pleases. The half mortgage, taxes, insurance, and HOA payments would likely been seen as postseparation support from you to your spouse.

Of course, you can always try to negotiate back a portion of the rental income as you negotiate the other terms of your separation agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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