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Is a deposit after tenant left contract early seen as income ?


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I was (legal) landlord for a house that was co-owned by my minor  son and ex-wife.

I got 2 months deposit and first months rent.

The tenant had a business that went under and they could not pay the rent and moved out, paid rent till end of the month.

They gave up their 2 months deposit as stipulated in the contract as a consequence of breaking a 12 month lease early.

I did pay for furniture that the renter demanded out of pocket.

My ex-wife managed to rott the brain of my child, while the child was years in my custody (shared) and wanted to go live full time with the mother.

My ex-wife now demands the remaining deposit, that was paid to me as the landlord, minus furniture costs and want to rent out the house herself without my involvement claming she is the owner with our son.

The deposit is considered income ? Or an unexpected windfall not up for split ?

 

Am I forced to just give her the remaining of the deposit or can I keep half for my son as I am still a legal guardian of my child, knowing that ex will spend on herself and not the child ?

Threatening with police, court and off course my visa extension.

Any advice ?

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Did you:

 

a. Rent the property from your wife, with the agreement that you could sublet?

 

Or

 

b. Act as an agent for your wife, who would then be your principal?

 

If your answer is a, the money of yours. If your answer is b, the money is hers.

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