Do I need to keep paying half rent if my wife had me removed from the lease?

Wife and I separated last month; I’m living with my parents and children at my parents’ home until the divorce can be filed and final. My wife removed me from our joint lease even though I had been paying half the rent and utilities since I left. Now that I know she removed me from the lease have a release of liability from landlord and the lease is soley in wifes name, do I have to continue to pay half her rent and utilities?

Asked on August 24, 2016 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, if you are not on the lease, you do not owe the landlord money. And uifyour wife removed you from the lease, you do not owe her anything: it was at her instigation that you were taken off the lease, and presumably with her agreement or at her request that you no longer live there. She cannot have it both ways: she cannot remove you from possession and the lease and still require you to pay rent.

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