You would benefit from consulting a skilled family lawyer in your locality. That said, the property belongs to your mother, and the rental payments from the property will generally be considered income to her. Consequently her allowing you to keep the rental payments is a gift to you. In a divorce case large enough to make extensive discovery useful, opposing counsel might very well seek to depose you about those payments.
Answered on Sep 26th, 2016 at 11:42 AM