Me and my husband are going through a divorce. We own a 3-unit apartment. He got a new tenant in October. This tenant was having issues paying rent since they moved in. But in December they applied for rental assistance program and got approved. My ex didn’t tell me but he was paid rent in advance through May 2025. I only just found out yesterday. This whole time he was telling me and the divorce lawyers that we have a squatter. I talked to the tenant and she told me all this. (1 of 2)

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I’m not following. When the rent is paid he uses that revenue to pay expenses. Vacancy, capital expenses, insurance, principal, taxes, any landlord utilities. The assets are 50/50. So he buys you out or you sell the apartment, collect your half. If it were a partnership, it’s typical to get yearly distribution based on profits. A monthly distribution wouldn’t account for the year of expenses and might leave you short if a major repair is needed. The profit should show up on his tax return next year, you could probably estimate based on 2024. Also tenant may not admit to being a squatter. Have you ever known a flaky person to take accountability? The lawyers job is to ensure you stay angry until they get their cut. A happy divorce isn’t profitable. I don’t think any of this requires you to knock on a tenants door.

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Gotcha, yeah this can’t be hidden. Rent is either hitting the business bank account or it isn’t. And yes the new buyer will request income/expenses and it shouldn’t be a secret to a buyer or you. If the property starts showing anything delinquent, buyers will smell distressed sale and offer less.

Don’t get a divorce people. It’s too expensive 😂

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(Cont..). Unfortunately, tenant can’t get receipts. And tried calling the rental assistance company but they’re not picking up if returning her calls. It’s time sensitive and I need proof to present to my lawyer.
He signed the rental assistance forms and didn’t tell me. We both own the building. I’m wondering if they’ll give me any information if I call them and ask? I just feel lost….

Get a sworn affidavit if you need it for your divorce proceedings. Id also bring any documents relating to it including what he signed. This is better than nothing imo

Thanks I’ll do that

Did the tenant pay cash? Can they not provide a bank statement that shows a transaction to your husband (even a cash withdrawal for an amount a that would make sense in this situation?

Have your lawyer file a subpoena on your husband to compel his financial documents.

There has to be a document trial that shouldn’t be moving mountains for you to get a hold of. I’d push hard on her to figure out how to get a receipt or in your eyes she hasn’t paid and should start the eviction process.

Have you tried marriage counseling?

Thank you, that’s what I’m thinking. Just surprised my attorney didn’t think of this and we’ve been chasing for the past 4 months now.

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