My husband and I are both on the lease of rental. He decided to bail on the marriage and get an apartment behind my back. I can’t afford the rent alone. He seems to think he is in no way responsible for this lease. Is he? Would he be required to pay his half for the remainder of the lease term? If not what will a judge typically require him to pay?
Sorry about the problems. Yes, he is responsible (jointly and severally) but so are you. This means, if you leave, the landlord can decide whether to try to sue both of you, him only, or you only. If it is just you, then you are liable for the entire amount of damages. The judge has no duty to require anyone to pay half. That will be your job. If you are sued and must pay the judgment, then you can try to get that amount out of the divorce division of assets.
As to the damages, it is not the amount of the remainder unless the landlord cannot find a renter, which is unusual in this market. If you leave, the landlord must mitigate their damages by finding a new tenant. If they get one quick the ultimate damages may not be that much but it depends on the terms of your lease and other facts.
I am sure you realize this, but you should contact a family law attorney ASAP to get the process started.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
You are both responsible to the landlord for the lease. The landlord can pursue either one of you for full payment, although following an eviction the landlord has to use reasonable efforts to find a new tenant and cannot charge you rent after he replaces you.
If you file for divorce then a court will determine your obligations. The lease obligation is a marital debt. Although I think it is unlikely that your husband would be ordered to pay the lease payment, if he makes more money than you do, he could be ordered to pay spousal support to you during the divorce and possibly after the divorce as well (depending on the length of the marriage).
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