York, PA asked in Communications Law, Divorce and Estate Planning for Pennsylvania

Q: If a security deposit check is mailed to you, in your name, but you lived with another person. Is that check yours?

So, I was living with my husband (we were renting an apartment/house) but a divorce has been filed were waiting on the judge.

I moved out of the house and asked the landlords to take me off the lease but they refused for their own reasons. After that my husband moved out. Now I paid the security deposit with my bonus check (so my husband didnt have any part in paying the deposit), A couple of months later my landlord emails me asking me for my new address, so I emailed back my address, they said that I will be receiving a security release (I didnt know what that was at the time.) About two weeks later I get a check from them (security release a.k.a. security deposit check) under MY name, NOT my husbands. Now hes claiming that the money is his and not mine. I feel that it is mine since I was the one who paid the deposit from MY bonus check. Am I correct? I strongly believe I am. Now let me add that the check came under my name not his.

1 Lawyer Answer

Terrence H Thorgaard

Answered
  • Estate Planning Lawyer
  • Freeeport, FL

A: Actually, it would be up to the divorce judge to decide, together with who is entitled to the rest of the marital property. You paid the deposit with your bonus check, true, but (assuming you were living together as husband an wife when you paid the deposit), the bonus check would have been marital property. Everything else being equal, it looks like he is entitled to half of it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.