divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Remaining lease payments

My husband and I are both listed on the lease of the home that I and my children still live in. We separated a month and a half after moving in. He lives at his mother's home rent free. My quesiton is since he is listed on the lease and signed it, but doesn't actually reside here, is he still legally responsible for his half of the rent for the remainder of the year? He left he has contributed zero dollars for the rent or for the care of his two big dogs since we separated in April. . Any advice is appreciated in advance.

by DGelatko   36 Posts 
Posted on 7/11/2009 9:13 AM
Get AlertsGet Alerts!
Sent to Friendsend to friend
0

Tags: lease agreement , separated , he left


Answers for "Remaining lease payments"  (2) (You must be logged in to answer)




From a landlord point of view - he is. If you default on the home, the landlord has legal right to come after BOTH of you for the money.

From divorce court point of view - it's debateable. Rarely is someone forced to pay for a home they don't reside in or have use of. Child support paid, if any, goes towards his share of "rent" for the kids...and that is as far as family court will push it - doesn't matter if he lives rent free with mom.

The dogs - they aren't kids, they are considered "property" you retain ownership therefore you retain all expense related to them. He can't be forced to pay for pets.
by spaznskitz   7745 Posts
Posted on 7/11/2009 4:55 PM
0





As far as I know, yes.  He signed a lease for X amount of time so he'd be liable.  But if he shows good reason for moving, I think he has x amount of days or something.  Heck, we better wait for Spaz.  I don't wanna misinform you. 
I know if you all were roommates how it would go down, (I see it on court shows all the time!)  but I don't know since you all were married.
by lifeinpurgatory   1830 Posts
Posted on 7/11/2009 11:37 AM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Spaznskitz"s Parenting Plan
Our friend Spaz was kind enough to give us this comprehensive parenting plan...read more 

He finally moved out!
After many delays, D finally moved out last Monday.  Of course, he took...read more 

Signs of the Times or Just Plain Scary
The holidays have been hard for me since all of this went down, my children...read more 

get/give answers
In NYS- married man moves in with another woman
my husband and I separated physically in May of 2009- not legally. He and I...Read Answers/share yours 

seperated and daycare, what's really legal?
Hi there, My husband no longer lives in the residence w/ me, but due to lack...Read Answers/share yours 

Legal Separation Instead of Divorce?
So, I've been going around and around with this in my head for a while...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards
divorce focused content ::
divorce most popular ::
1. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. Divorcing? 15 Costly Financial Mistakes
Settlements: 15 Critical Financial Mistakes Often Made in the Heat of Divorce

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. Are You Ready For Divorce?
Three Key Questions You Must Ask Yourself