Jacksonville, FL asked in Divorce, Family Law and Real Estate Law for Florida

Q: how can incarcerated husband enforced deal with wife, to deposit him monthly half of the monies from a rental property?

Husband is incarcerated due to be out in about 2 years. He gave wife a POA to rent out a property that is under his name. Since then the POA has been revoked. She set up the rental agreement for the money to be deposited in to her account in PR. He has emails that state, she will need to deposit him half of the rental money however that has not been done, some months she deposits none and other about 15% of his half. He now has found out she is cheating and wants to divorce her,but first wants to make sure that he is getting the rental money. Also would proving adultery benefit him in any way?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If the lease (rental agreement) was executed in his name, pursuant to the POA, he should be able to notify the tenants to make the rental payments directly to him; specify another account, in other words.

Adultery doesn't make much difference in a divorce in this day and age.

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