If I am not yet officially separated, can leasing an apartment but not yet moving in cause legal repercussions?

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If I am not yet officially separated, can leasing an apartment but not yet moving in cause legal repercussions?

We currently have a 2 bedroom rent controlled apartment and 2 children. My husband prefers to stay in the apartment and I have agreed to move. I will not physically move for another 2 months until after we tell the kids. Would the leasing of the apt hurt me in any way? I am the mom.

Asked on July 11, 2011 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the marital relationship has come to the point with your husband that it is best for you to move out and get another living accomodation and you can afford another place, then you should consider doing so for your and your children's best interests. The choice is a personal choice depending upon the current status of your relationship with you husband.

The reality is that it is more expensive for two people to live in two separate dwellings than if they shared a common home. If you move out and rent your own apartment, you most likely will have to sign a written lease, pay first and last month rent as well as a security deposit. You would be obligated personally on any lease you sign even if you do not move into the apartment later on.

Why would you lease another apartment but not move into it for another two months? By doing this, you eseentially are paying for something that you are not using.


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