Can I move from an apartment that is in my husband’s name if he has already moved out but is willing to make partial rent payments?

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Can I move from an apartment that is in my husband’s name if he has already moved out but is willing to make partial rent payments?

My husband is having an affair and left to live with his girlfriend. Although he has signed a piece of paper stating that he will pay $600 every 2 weeks it is not enough for me to maintain my bills and live here. I want to get a cheaper apartment in my own name. Can I leave this apartment since it is in his name? Will I be held responsible if he gets behind in paying the rent?

Asked on April 23, 2011 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You say it's in your husband's name--by that, do you mean that he, and not you, leased the apartment? If you are not on the lease, then you can move out and the lanldord cannot directly go against you (sue you, report your credit, etc.)--since leases are contracts, only those who sign the contract/lease are accountable under them. Of course, if your husband is sued for breaking the lease or has his credit hurt, that can indirectly affect (e.g. anything that affects himn economically could have an impact on what he could pay in a divorce), so you should think through possible consequences and what you intend to do. If you are on the lease, however, even if your husband has been paying, then you would be liable for any lease violations. Good luck.


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