California  |  Landlord & Tenant Law

You need a lawyer to address a number of specific issues. Many factors are relevant including how much was earned in the marriage, when the property was bought, with what money etc. Also, you are not divorced yet so the question of rights to money depends on a whole set of different factors. I might be able to help you come to an agreement to resolve this, or resolve it in court. Contact my office, and dont delay unless you like watching your rights go down the drain.

Best,

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First write tenant tell them you are owner, that you are separated and your soon to be ex is not allowed to collect the rent or wasn't allowed to do the lease. Then if that doesn't resolve it start eviction proceeding against the tenant. You must however inform tenant that they owe you the rent not your soon to be ex.

I assume this is your separate property if it is not then you will have to resolve this in divorce proceeding because your husband may have authority to lease and collect the rent but it doesn't mean that he is entitled to all of it.

Good luck and hope this helps.