QUESTION
Is he still obligated to pay rent on house after moving to his own apartment?
Asked on Oct 31st, 2012 on Divorce - Florida
More details to this question:
We are both listed as tenants on lease for house. We are divorcing. He moved to apartment. Is he still bound by the lease? Can he be removed from the lease?
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes. He is bound by the lease. The way to get him off is a novation
Answered on Nov 06th, 2012 at 11:23 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You are both bound by the lease, and the landlord can pursue both of you for it. However, the best thing to do is to consult a family law attorney to see if your incomes are such that a divorce court would order him to assist with the rent where you are in addition to paying his own rent.
Answered on Nov 02nd, 2012 at 9:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He, and you are both still bound by previous joint obligations. See an attorney and disclose all relevant information to receive reliable advise.
Answered on Nov 02nd, 2012 at 1:29 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Oftentimes, a divorce action will include temporary orders that require certain payments to be made. If you have already filed for divorce, you would have had the opportunity to get such an order upon filing. Otherwise, a motion would need to be filed to bring the issue before the Judge. If there is no order, then there is no immediate obligation of either party to pay the expense, although that issue could be considered at a later point. All parties that signed the lease are still obligated to the landlord. It will be up the landlord to release him from that obligation or not. However, if that occurs, that may not release you of the obligation.
Answered on Nov 02nd, 2012 at 1:02 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Those are primarily issues to be resolved between him and the landlord. Subject to specific provisions in the lease, the landlord can expect him to pay the rent even though you are the only one occupying the property. If you are also on the lease, the legal situation is that both of you are totally responsible for the entire rent and it will up to the landlord who he will expect to pay it.
Answered on Nov 02nd, 2012 at 12:56 AM
Leonard A. Kaanta
Yes he is on still on the lease, only the landlord can remove him.
Answered on Nov 02nd, 2012 at 12:53 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The lease is a separate contract that he's responsible for but you may need to get the court to order him to pay it. Talk to your landlord about taking over the lease by yourself. Talk to an attorney about whether you can get support. If you do you would likely have to pay the rent by yourself .
Answered on Nov 02nd, 2012 at 12:20 AM
1 Award
If he is still listed as a tenant, he is responsible for the rent. You Can talk to the landlord and request he be removed from the lease.
Answered on Nov 02nd, 2012 at 12:14 AM
Your question is a good one. The question you need to answer is "he on the lease?". I would assume whoever is on the lease is responsible to pay rent.
Answered on Nov 02nd, 2012 at 12:12 AM