Is a security deposit a marital asset?

[Ashley1967]

What is the name of your state (only U.S. law)? Arizona

My ex-husband and I entered into a Rental Agreement during our marriage. We made the decision to renew the agreement for another 12-month term, and separated 6 weeks later. Thus, he paid 30% of the total Rental Agreement that we both signed.

The property management company would not remove his name from the lease because it was not in the best interest of the client, even after we were legally divorced. I continued to pay on time every month to protect the security deposit which I had initially paid.

I cleaned the unit, paid for professional carpet cleaning, and made other minor improvements and received the refundable portion in full.

Now I am attempting to determine how much, if any, of the deposit my ex-husband is entitled to receive in the eyes of the law? The check is in both of our names, so we must reach an agreement.What is the name of your state (only U.S. law)?

 

[mistoffolees]

The security deposit would be marital property since it was paid while you were married.

You could argue that you spent the money on cleaning, etc, but you could also argue that you got the benefit of the deposit longer than he did since you stayed there. In the end, it doesn't really matter since the deposit is marital. Unless the divorce decree addresses it, split it with him.

If you want to make an issue about the cleaning costs, you can, but the cost of fighting about it will cost the two of you far more than any potential savings, so why bother?