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    ben.bad2's Avatar
    ben.bad2 Posts: 9, Reputation: 0
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    #1

    Jul 2, 2010, 07:31 PM
    Real Estate Law regading a rental property in Calif
    I have just been awarded total ownership of a rental property in my divorce settlement.
    During the divorce proceedings and litigations, my wife's attorney requested that she handle the rental properties and act as a manager for the both of us. She would rent, collect rents and deposits.
    The property I received has sustained a lot of damage from tenants and I am serving them proper notice and will be doing the repairs.
    At the inception of the rental agreement, she collected a $1,500 deposit ( a legal amount, by law here)but when she signed off the property, she refused to turn over the tenants deposit to me or give any portion to the tenant. I do I get her to turn that over to me so that once I finish repairs and provide the tenant an accounting, I can refund the remainder?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 2, 2010, 08:02 PM

    You will need to file suit against her.
    PellMell's Avatar
    PellMell Posts: 33, Reputation: 3
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    #3

    Jul 3, 2010, 05:44 AM

    Was this issue raised in the divorce proceedings?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 3, 2010, 09:14 AM
    Quote Originally Posted by PellMell View Post
    Was this issue raised in the divorce proceedings?

    Apparently it was because the "ex" is the property manager. Divorce decrees do NOT address ALL possibilities and this is one of those situations.

    This issue is totally outside of the divorce

    OP needs to sue in Small Claims Court.
    ben.bad2's Avatar
    ben.bad2 Posts: 9, Reputation: 0
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    #5

    Jul 3, 2010, 02:01 PM
    Comment on JudyKayTee's post
    This issue waqs not raised in divorce proceedings. The security deposit was not even considered and I was not made privy to the rental agreement until AFTER settlememnt

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