Separated ex collecting renting room. Am I owed?


#1

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?


#2

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.