Divorced- who gets the deposit?

Question

When a couple has fulfilled the terms of the lease and moves out, and are also going through a divorce- how do you refund the deposit?  Half and half? Or put in both their names and let their legal counsel figure it out?

Greg M. · Answer

Wording should be in your lease that addresses this. I use: Landlord may return entire Security Deposit to any tenant or cosigner, regardless of who originally provided Security Deposit to landlord.

Percy Matsunaga · Answer

@Mindy Wibbels

I say if they are both on the name whoever does the walk thru with you, at that point you can discuss who will be receiving the security deposit. I would try and stay out of deciding who is going to get and more on who is there trying to close out the lease.

Theresa Harris · Answer

Get it in writing and ask them if they want 50:50 or a cheque in both of their names-they both have to sign off on whatever the option is including who will pick up the cheque if it is option 2.

Pat L. · Answer

We put both names on the check, sent a text to both to pick it up when convenient. She was over in a flash. He berated us via texting for our failure to return the security deposit. He lost it for for several days but we didn't respond.

The cancelled check was then posted to our account & SHE had signed both names & absconded with the deposit. They were married in the back of the property & yet for some reason they just couldn't make it work. My maintenance guy tells me their respective FB posts have them living apart in their respective parents homes paying down their Liberal Arts student loans but dissing each other for everything imaginable.

Kids !!!

Matthew Olszak · Answer

The later. Put all names on the lease on the check and let them work it out. Same with roommate situations.