Q: Does my spouse need to agree w/min. tenant rental $ I set if we rent room out in community property house during divorce
My husband is living in the house right now and paying the full mortgage while I am renting a 2-bedroom studio elsewhere but we are not yet divorced nor legally separated and, from my understanding, I am entitled to half the rent. I would like to ask to charge tenant at least a minimum $ amount I propose which is a reasonable monthly rent amount for today's rental market within San Diego County. Can my husband charge whatever monthly rent he wants to the tenant of our community property house during our divorce? I believe he can rent a room in our house to whomever he wants unless they are destructive/dangerous, correct?, but what about the minimum monthly rental amount we can charge? Who dictates that as long as it is reasonable? What does the law say? Thank you.
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A:
In California, if you and your spouse own a house together as community property, you both have equal rights and responsibilities regarding the property, even during the divorce process. This means that decisions about renting out a room should ideally be made jointly.
However, if you and your spouse cannot agree on the rental amount, the situation can become more complicated. Here are a few key points to consider:
1. Reasonable rental amount: The rent should be set at a reasonable market rate for similar properties in your area. If your proposed minimum rental amount is in line with the current market rates in San Diego County, it would likely be considered reasonable.
2. Fiduciary duty: In California, spouses have a fiduciary duty to act in good faith and deal fairly with each other regarding community property. This means that your husband should not intentionally set the rent too low to deprive you of your fair share of the rental income.
3. Court intervention: If you believe your husband is not acting in good faith or is charging an unreasonably low rent, you can raise this issue with the court during the divorce proceedings. The court can intervene and make decisions about the management of community property, including setting a fair rental amount.
4. Tenant selection: You are correct that your husband can generally rent a room to whomever he chooses, as long as the tenant is not destructive or dangerous. However, if you have serious concerns about a particular tenant, you may be able to address this through the court as well.
It's always best to consult with a local family law attorney who can provide more specific guidance based on your individual circumstances and help protect your interests during the divorce process.
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