What to do if our lease is ending and my ex-husband wants the deposit even though I kept occupancy of the rental premises as per our pre-nuptial agreement?
Question Details: I am in WA and my ex resides in MT. Our divorce was filed no-contest in MT with a prenuptial agreement and it was finalized about 3 weeks ago. In the prenuptial agreement, I keep the home which we were renting together in WA. I am not renewing the lease at the end of this month and moving to IL to re-coup with family. My ex-husband is demanding the deposit be given to him. We were married when we signed the lease, he did indeed pay the deposit. However, I have taken on the financial burden of the home since July and, due to the prenup, I feel that the deposit is mine. Am I correct or can he successfully go after me in court for the deposit?
You may have taken on the financial burden since July, but you have received something of value for doing so: a place to live. Therefore, you are not owed anything else for that financial burden. Since your husband provided the deposit, he would be the one entitled to receive it back.
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