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How Do I Rent Apartment During Marital Separation?
by Anon (CA)
on March 25, 2015 @18:17
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Hello! My husband and I are going to be separating and getting divorced. His income is very high, while my only 'verifiable income' is a small SSDI benefit.
Husband has written an informal separation agreement indicating he will pay support during separation and after divorce (no lawyers, nothing court-ordered). I have enough $ in my separate bank accounts to pay rent & bills for about a year.
All the loans and bills are/were in my husband's name only, so while I have 750'ish FICO score and no debt, I have very little credit history (CCs with no balances, paid student loans, nothing negative). Husband's credit score is higher and his history more developed, but I do not want him to co-sign or be on a lease/ have legal access to my separate dwelling. I have no friends or family nearby who can co-sign a lease.
How can I rent an apartment with these qualifications?
Will a landlord accept an informal separation agreement as proof of income?
Can (or would) a landlord accept my husband as a lease guarantor or co-signer without giving him legal access to the unit? Or else rent to me on the basis of my own private bank accts?
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Re: How Do I Rent Apartment During Marital Separation?
by Katiekate (New York)
on March 25, 2015 @18:41
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Well, I would not accept you.
But, there might be some.
Since he won't co-sign...then his informal agreement means nothing. If he won't sign...then that is a clear indication of what his performance will be in the future.
You are making a mistake not getting a lawyer and a formal divorce agreement. And...yes, he legally has to maintain you while the divorce is in progress. I think he has you snookered...and is going to cut and run as soon as he gets the divorce final and has no further legal obligations to you... without any formal agreement with you or an agreement ordered by the court you are going to be hung out to dry. If he says he cares for you and would not abandon you...it means nothing without a signed agreement on file with the court. Don't believe it If he cares so much..he will do the right thing and protect your future legally.
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Re: How Do I Rent Apartment During Marital Separation?
by Garry (Iowa)
on March 25, 2015 @19:54
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You are going to have to apply for apartments as though you are single with only the SSDI income that you have now. Unless you can prove through legal court documents what your (former) husband will be giving you every month, no LL is going to take your informal agreement as added income. Can you find a job fairly quickly to supplement your SSDI income? Starting today, you need to concede to yourself that you are a single woman with limited income. And you may have to use a big chunk of money from your bank accounts to maybe put down a double deposit and/or 2-3 months of prepaid rent. Look for a 1 bedroom apartment with all utilities paid, and put extra furniture in storage for a year til your divorce is final.
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Re: How Do I Rent Apartment During Marital Separation?
by John Brayton (Massachusetts)
on March 25, 2015 @20:53
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In my mind, the strongest argument that a landlord should rent to you is that you have a 750 credit score and a year's worth of living expenses saved. If a rental application does not specifically ask about your savings, be sure to point it out to the landlord. You can expect the landlord to verify the account balance, that the account exists only in your name, and that the money has been in your account for some time.
The answers to all of your questions will vary depending on the landlord. I never accept co-signers. Based on your 750 credit score and the year's worth of savings the bank, I might determine that you are qualified.
The question I would have is how you were going to pay your bills after the first year.
John
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Re: How Do I Rent Apartment During Marital Separation?
by CCRider (CA)
on March 25, 2015 @21:35
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First of all, co-signers do not have access to your rental. They are like getting a line of credit from the bank. That's all they are. If he's not listed as a tenant, he has none of the rights of a tenant. He is not given a key, and has no right to be on the property, even.
How old are you? Are you 55 or older? If so, start getting on waiting lists for 55+ subsidized apartments. Your income will probably be enough. If where you live in CA, even the subsidized units are too high, then look at moving farther away.
Look for cities and counties that have an open Section 8 waiting list and get on them.
Even if you aren't 55, you can get on the waiting lists for family subsidized housing units.
I am in my second subsidized 55+ place. I had to move from the SF Bay Area, but I'm still in CA. They're well maintained. They're all over the state. What often happens, is a big management company buys old properties in downtown areas, and they refurbish them and then rent to low-income. So, services and grocery stores are usually within walking distances, and/or they're on bus lines, etc.
The qualifications to get into the subsidized properties is usually a maximum income limit allowed, then they want you to make 2x the monthly rent, and there are usually several different types of subsidized apartments in these buildings - so different rent levels. Often, they're just 30% of your income.
You will also qualify for Medi-Cal, probably.
Also, CA is a community property state, so if there was any property accumulated during your marriage, half of it is yours.
Oh, and in CA, landlords can't discriminate based on your source of income. So, if it's just your SSDI, or a combination of SSDI and alimony, as long as the amount is enough, they can't deny you based on the income being alimony and disability. They may require a copy of a settlement agreement. In that case, you would not need him to co-sign either. Same for getting into subsidized housing.
If you're willing to move to lower cost of living areas in CA, the wait lists aren't too long. Some are just a few months.
Best wishes.
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Re: How Do I Rent Apartment During Marital Separation?
by Anonymous (CA)
on March 26, 2015 @01:25
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You are a fool if you do what your plan is. You need to get the meanest SOB of a divorce lawyer and get your 1/2 share of all money and property acquired during your marriage--California law. He is trying to ruin you and will succeed. Fight!!!
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Re: How Do I Rent Apartment During Marital Separation?
by Mikey (MI)
on March 26, 2015 @12:04
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I had similar situation couple years ago. This lady with small children were looking to rent. Instead of telling me what was going on with her divorce, she used her sister's name and credit record for the co-application. Long story short, I tracked down her situation and asked her what's going on. She had enough money in the bank account to cover 6 months of expenses and rent. Personally, I would work with her on up front rent or other payment arrangements. But since she didn't come forward, I was leery of her intentions. Some LL will work, I would have. But this wasn't for me. Good luck.
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Re: How Do I Rent Apartment During Marital Separation?
by Anonymous
on March 26, 2015 @13:09
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Your best bet is to formalize your separate maintenance agreement now, preliminary to the divorce proceedings. That would increase your income for a prospective landlord to consider. But your husband's pinky-swear that he will provide support won't get it.
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Re: How Do I Rent Apartment During Marital Separation?
by premierparalegal (New York)
on September 14, 2016 @05:55
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Courts in virtually every state have the power to divide a leasehold. This means a judge will award the lease to your or your spouse. If you have questions about the responsibilities and benefits of keeping a lease after your divorce, speak to a family law attorney for advice.
Premier Paralegal
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