Full question:
What is the legal definition of rent? I'm going through a divorce. I took in a housemate who is also going through a divorce. She helps with utilities and my mortgage. She does not pay me any money directly. There is no rental agreement, written or oral. My ex is claiming this is rent in order to increase support. Is this legally rent? Her attorney claims that the term rent means anything of value paid to you or to someone else in exchange for living arrangements.
- Category: Cohabitation
- Date:
- State: California
Answer:
Rent is generally defined as any money, goods, services, or anything else of value provided under a tenancy agreement, whether written or verbal. In your case, since there is no formal rental agreement and your housemate does not pay you directly, it may not fit the traditional definition of rent.
However, the court may consider contributions towards living expenses, such as help with utilities and mortgage payments, when determining alimony. In California, spousal support aims to help the receiving spouse become self-supporting within a reasonable time, typically considered to be half the length of the marriage.
When deciding on alimony, the court considers various factors, including:
- The marketable skills of the supported spouse
- The impact of marriage duties on the supported spouse's earning capacity
- The supported spouse's contributions to the supporting spouse's earning capacity
- The supporting spouse's ability to pay
- The needs of each party
- The obligations and assets of each party
- The duration of the marriage
- The age and health of both parties
- Any other factors the court finds equitable and just
If a spouse is living with someone who provides financial support, this could influence alimony decisions. A motion to modify alimony can be made if there has been a significant change in circumstances, such as cohabitation with someone providing financial assistance. The court will evaluate all relevant facts and circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.