I can sue my wife administratively from who I'm getting divorced from taking over the rent of properties in common?

Asked over 2 years ago - Miami, FL

My wife and I are separated since many years and now we are getting divorce. Since we separated she took control of our rental properties and she keeps all the rental proceeds and the money of the rent however we don't have children and she refused to share the money and contracts. Now that we are into the divorce she is claiming that I owe her money for the reparations of the rental properties and for the months the properties were vacant. How can I be protected for her false claims in case the properties were rented and she claime then vacant or from false expenses?

Attorney answers (5)

  1. Heather Morcroft

    Contributor Level 20

    5

    Lawyers agree

    Answered . You don't indicate how these properties were held. I don't know what you are talking about suing her administratively. Normally, if the property was marital or you had some sort of interest in it, these issues would be decided during the divorce action. You are seeking legal advice here on what is a complicated matter that involves reviewing documents as well as meeting with you to discuss facts. I advise you to obtain representation for this divorce.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
  2. Brent Allan Rose

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Ms. Morcroft. This seems a bit complicated for an online forum like this. You need to speak to an attorney. Normally, you would share the receipts and liabilities for rental properties when going through a divorce. Half of that money is probably yours. I don't know why she is blaming you for the times when the properties were vacant. Also, since you are in a divorce, she is required to provide you with copies of all the records regarding the rental properties.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  3. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . As my colleagues indicated, this is normally handled through a divorce and you should directly discuss with a divorce attorney in your area

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  4. Andrew G. Storie

    Contributor Level 12

    4

    Lawyers agree

    Answered . If the properties were acquired during the marriage, no matter whose names are on the titles, they will be considered marital property (except under a very few circumstances). There is no such thing in Florida as a legal seperation. Being married is like being pregnant - you either are or you are not. As a result, any income from the date you got married until the day you (or she) files for divorce is considered martial income, whether from your paychecks or the rental properties - equally hers and equally yours. This does not necesarily mean you are entitled to get back one half of the rental income all the way back to the seperation. If she has disapated (wasted) the money, you can go back and ask the Court to make her reapay you one half of the monies she disapated up to two years before the date of filing for divorce. During the divorce proceedings she will need to provide all the documentation for the properties, including the rental agreements, mortgages and income received, etc. You can ask the Court to sell the properties and divide the equity in them, if any. There are some other things you may be able to do to get one half of the rental income now, but you would really need an attorney to help you with that.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more
  5. Peter L. Plummer

    Contributor Level 1

    Answered . Your question is very "state specific." Different states handle landlord and landlord/tenent issues differently. I doubt you have an administrative remedy and do not believe you have one in Michigan. This answer should not be relied upon, however, until you have met with an attorney that can go over the specific facts of your situation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,706 answers this week

3,481 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,706 answers this week

3,481 attorneys answering