Q: Am I entitled to any portion of rental income if my soon to be ex remodeled, then rented out an apartment in our home?
In a 14 year Civil Union from VT, I was told in Oct 2016 that I was being divorced. Several months later, after being kicked out without any choice or discussion, whilst I was away visiting my family, my partner remodeled the house into a separate basement apartment and now has a renter. I am not entitled to half the value of the house, probably, due to the downpayment on our home being made with my partner's inheritance. I do wonder if the new rental income that has developed during our separation could be something I would be entitled to a portion of in the divorce alimony settlement?
A: Any property earned during the marriage (that is not a gift) is marital property, including the rental portion of the property. If you and your husband cannot reach agreement, a judge would have to decide how the property should be divided.
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