Getting Your Apartment Security Deposit Back After Divorce
It is necessary that you discuss the issue with your attorney before taking a step. Take note that security deposits will only be released when the lease contract has been properly terminated between the parties involved.
There are many unexpected things that you may encounter every single day. Take for example your separation from your husband or wife. For sure, when you decided to enter into a contract of marriage with the other person, you honestly believe that you would end up together. In fact, this is the reason why you have made plans and other arrangements for your future together. This may include getting an apartment where you will start your lives together. If everything just went well between the two of you, you will not have a problem about several matters.
However, if both of you have decided to get a divorce, you will need to make many adjustments in the different aspects of your life. Like if you have security deposits for your chosen apartment, you have to determine now who gets the money deposited to your landlord. Will it exclusively go to you or to your ex-partner? Will it be equally divided between the two of you? Will it be forfeited?
In this situation, you need to get in touch with your family law attorney as early as possible, you have to know the possible options available which are not prejudicial to your rights and interests. If your ex-spouse stays in the same apartment, you may have a hard time in getting the deposit from the lessor. The same outcome will happen if you are the one who has decided to stay in the apartment.
The best way to deal with this matter is to talk properly to your ex-husband or ex-wife. You need to come up with a sound agreement that is beneficial to both of you. If despite diligent efforts to settle with the other party and the latter refuses to participate, then get in touch again with your lawyer. Allow him to legally negotiate with your former partner. If at the end of the process, the other party is still unwilling to enter into a compromise agreement, you can now avail of the proper legal remedies. Inquire your lawyer about the possible legal steps that you can take to vindicate your right to claim for the security deposits. Once you have filed the proper case in court, all that needs to be done is to wait for the final decision of the the judge.
References: Who Gets Security Deposit in Divorce?
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