More details to this question:
My husband served me with divorce papers because I had an affair and now wants me to take my name off of the lease. I want to keep my apartment and thinks he should move since he's the one who wants the divorce. How does this work?
5 ANSWERS
John Arthur Smitten
Th apartment is not a marital asset. File a motion to kick him out. Use of a lawyer is recommended
Answered on Oct 08th, 2015 at 3:01 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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This issue is negotiable between the parties. No standard answer.
Answered on Oct 07th, 2015 at 8:56 AM
Neither one of you has to move at this time. This is an issue that needs to be settled at mediation.
Answered on Oct 07th, 2015 at 6:48 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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When it comes to leased premises, generally the language of the lease contract and any covenants, bylaws, tenant rules and regulations, etc. that accompany the lease will control. Some lease agreements or rental applications with more than one tenant will specify or designate one person as the primary tenant, who would get to stay in your scenario. If you had to fight this issue out in court, as the person who had the extra-marital relationship, I think I like your husband's chances of keeping the apartment better, all other things being equal. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Oct 07th, 2015 at 2:54 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Well you either agree on a resolution of this issue or it will have to be determined by a judge. You can each hire attorneys and pay between 7 thousand and 20 thousand or more each, to fight this, but it is not worth it to do that, is it?
Answered on Oct 07th, 2015 at 2:54 AM