My son and wife signed a rental lease agreement; however, they are in the process of separating and she wants half of the security deposit even though my son will remain in the home. Is that legal?
Answer
The landlord doesn't have to return (or account for) the security deposit until the last tenant leaves. Therefore, your son isn't necessarily going to have the cash, or any part of it, just because his wife no longer lives there. Also, a judge deciding how the community assets and liabilities of separating spouses should be divided is compelled by law to make the division as nearly equal as possible -- Family Code section 2550 -- so would the judge make her liable for half the rent, which is a community obligation? I think it is likely that a judge would order the parties to split the deposit when it is returned to them at the end of the tenancy, and probably wouldn't order her to continue to pay half the rent. So, as to what's "legal," a property settlement is legal when it conforms, more or less, to FC 2550 -- an equal split of assets and liabilities. She would legally be entitled to half of the security deposit, but not the cash, only the future right to the cash when it is returned at the end of the tenancy.
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