QUESTION

Can we add a Hold Harmless clause for a rentel apartment to a do it yourself divorce agreement?

Asked on Apr 05th, 2017 on Divorce - Florida
More details to this question:
Both my daughter and her husband are on an apartment lease. He left the property 4 months ago and she is responsible for the rent and utilities. He drew up divorce papers from an online site because there are no children, no shared auto, no shared property. Can my daughter add a Hold Harmless clause to these papers for the judge to consider? Also, can he make the husband transfer the utilities out of his name since he abandoned the apartment?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  That's the problem with forms.  One size doesn't fit all.  I am not sure who the "hold harmless" would protect.  Your daughter is still in the apartment.  Is she looking to have her husband pay the rent and hold her harmless?  If that is the situation, she can add that language.  However, here's the problem.  If they both signed the lease, the landlord really doesn't care (nor is he legally  obligated to care) about any hold harmless language.  The landlord is going to sue anyone who signed the lease if he doesn't get his rent.  The only recourse your daughter would have is bringing her husband back to court on the "hold harmless."  If someone is a deadbeat and has no money, this usually is a  waste of time.  What would be better is language wherein the husband is obligated to pay the rent and that same is in the nature of support for the wife.  There is a chance a court could interpret this as alimony, and if somene fails to pay alimony they can be jailed.  Again, this is a long process, and people still sometimes are able to avoid their obligation. As to the utilites, if your daughter is keeping the apartment, the judge could make the husband transfer the utilities.  But let's go back to my first sentence.  If everything is not resolved in the "forms" she no longer has an uncontested divorce, and it is no longer just forms to fill out.  The judge could order a separate hearing or trial I hope this gives you some insight. Best of luck, Cindy Vova Broward/Boca Raton 954-316-3496 info@vovalaw.com
Answered on Apr 07th, 2017 at 11:42 AM

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