QUESTION
What is my defense against a lease lawsuit after divorce?
Asked on Sep 10th, 2011 on Divorce - Ohio
More details to this question:
My wife and I split in October of 2004. At the time we were living in an apartment in Ohio that had both of our names and my previous father-in-law's name on the lease. She refused to sign on the lease by herself or to have me removed. I had it specifically put into my divorce decree that I was not liable for the apartment. I have had debt collectors contact me and I have sent them copies of the decree and they have left me alone. It was even removed from my credit. I have recently been named as a defendant in a lawsuit stating that I owe the money that remained after she broke the lease. Should I try to contact the plaintiff myself or what legal actions should I take? I also live eleven hours away from my former residence and the courts.
1 ANSWER
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The landlord was not a party to your divorce and does not have to honor the decree. If your wife is a defendant to the lawsuit also, you file a cross-claim against her stating that, pursuant to the divorce decree, she is liable for any money you have to pay the landlord. If she is not a defendant in the lawsuit, you have to bring her into it. You can also file a contempt motion in the domestic relations court against her. You need to contact an attorney where the suit was filed to represent you.
Answered on Sep 14th, 2011 at 12:13 PM