My husband and I are going through a divorce. I moved out of our apartment and he got evicted from it. I do not think I should be responsible to pay the rent that is owed. I got a document from his lawyer saying he "waives rent arrears and he waives spousal support." What does that mean? Is he agreeing to pay it or not? I'm confused.
He appears to be offering a waiving of rent arrears and spousal support saying you don't have to contribute to either category.
Your husband is not in a position to "waive rent arrears." If your name was on the lease you are indebted to the landlord for any rent arrears, despite the fact that you moved out of the apartment prior to your husband';s eviction. If your name was not on the lease you owe no rent arrears. In either case, it is only the landlord, to whom the rent arrears are owed, who can waive them. The waiver of spousal support can mean many things and it would be necessary for an attorney to review the entire document presented to you for signature. Since you have significant property interests at stake you should consult with an attorney before signing this document.
The above constitutes general information only and should not be considered legal advice.
It means he is waiving any claim he might have against you for past rent and for support more commonly known as alimony. If you are going through a divorce you should be represented by an attorney. If you are you should discuss this with him or her. If you are not I strongly urge you to hire an attorney or at least consult with one before you sign anything.
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I'm confused too, as rent arrears aren't something he can waive - only the landlord has that option. Perhaps he means that he's willing to waive his claim of spousal support in exchange for you paying off the rent arrears. Whether that' fair in your situation takes a full assessment of the facts. Call a NYC Divorce attorney to schedule a consult.
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