My wife wants to separate and wants me to leave.

Both our names are on the lease. She has also threatened suicide and uses marijuana illegally. What options do I have?

Asked on March 16, 2012 under Family Law, Michigan


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are both on the lease, you would be in breach if you left because if she stopped paying and your landlord didn't allow you to surrender the lease so she was the only one on the lease, you would legally be on the hook for the amount of the lease for the remainder of the lease term (assuming your landlord could not locate a new tenant after eviction). Ultimately, if your wife is using illegal substances, and this is usually a breach of lease terms, you could both be theoretically evicted and that would not help you locate a new tenancy. You could try to stay the remainder of the lease term, not renew, indicate you are not renewing and then separate. You could also try to talk with your landlord on the side and see if there is anything that could be done. You could also try to get a court order to remove her from the premises but again, tread lightly.

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