I am divorced – living in the same house (under my name only) can he stay there if I move out?

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I am divorced – living in the same house (under my name only) can he stay there if I move out?

Asked on June 15, 2009 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Let me see if I understand the question:  You and your Husband are divorced but are still living under the same roof.  Are you renting the house?  Is the lease in your name only?  If the answer to the renting and lease questions are "yes" then are you concerned that he will be thrown out or that you will still be liable for the rent if he fails to pay each month?  If you lived there together as husband and wife and have a good relationship with the landlord see if your husband can assume the lease and substitute his name.  Or you could - if your lease allows - sublet the apartment to him, but if he fails to pay the rent or something else happens you will be responsible in the end. 


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