apartment lease and divorce

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apartment lease and divorce

My daughter and her husband live in Virginia and are in the middle of a 1 year lease
on their townhouse. She recently found out he has been cheating on her for
months. My son-in-law is moving out this weekend and signed a new lease on a
new apartment. In Virginia, my daughter and her husband must be separated for 6
months before she can file for divorce. I think my son-in-law should still be made
to pay his share of the rent since they are not divorced yet. Did he break the law by
signing a 2nd lease in a neighboring town while still in another lease? Can he be
required to pay his share of the rent during the separation? Thank you

Asked on August 15, 2016 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) There is no law saying you can't lease multiple properties; he broke no law.
2) The landlord can hold either or both of him and your daughter liable for the rent; both are still obligated under the lease. (Moving out has *no* effect on liability under a lease; you owe because you rent the place, but neither the law nor the landlord care if you live there.)
3) The fact that he left her holding the bag on the lease is something that be taken account of when she does divorce him; it can adjust or increase her share of the assets, to compensate for what she had to pay on her own for the lease. It will be very hard to make him pay before or outside of the divorce, however.


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