If I sign my abusive husband off the lease for safety reason, can he still be ordered by court to pay for his half of the rent?

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If I sign my abusive husband off the lease for safety reason, can he still be ordered by court to pay for his half of the rent?

I have no income, husband wants to be signed off lease, for safety reasons it would be a good idea, so he has no right to come in here. But, am I obliged to pay for the damages he made in the appartment when in rage, pay for the entire rent on my own or for breaking the lease? I still have 7 more months left or do I pay now and have it in the divorce papers to have him pay me for half and the damages?

Asked on July 28, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Okay let's take a deep breath.  Do you have an attorney to help in the divorce?  If not, you need one asap.  First, with out reading the document I can assume that it is a standard lease which would make you "jointly and severally" liable for the damage to the apartment.  If you intend on taking him off the lease it would have to be with the consent of the landlord.  If you alone are on the lease then you alone would be responsible for rent and damages.  As for "breaking" the lease you would have to have consent in writing to have the old lease rendered "void" before entering in to the new one.  A restraining order would be a good idea if he is violent and you are in fear for your safety.  Please seek legal help.  Even legal aid.  Good luck.


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