If my husband abandon me and his name is on our lease is he still legally responsible for half of rent?

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If my husband abandon me and his name is on our lease is he still legally responsible for half of rent?

My husband of 40 years left me over a
weekend I was gone. Then he filed for
divorce. Shouldn’t he still be
responsible for part of rent and how do
I handle that? Get a lawyer for court?

Asked on March 15, 2018 under Family Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he is still responsible for rent. Rent is not based on residence or occupancy--it is based on being on the lease. The lease is a contract: the parties (e.g. tenants) who sign it are contractually obligated to the landlord for the rent, and one tenant may hold the other responsible under the lease for the proportionate share of the rent. The lease/contractual obligation is independent of marital status or what is happening to the marriage (i.e. divorce), so that he has filed for divorce has no bearing on his responsibility, under the lease he signed, to pay rent. He can be sued for his share of the rent. Since you should have an attorney anyway, if he is filing for divorce, to make sure you get the suppport and share of assets to which you are entitled, that attorney can also address the rent issue for you.


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