If my children’s mother was caught having an affair and I want her out, how can I remove her from the lease?

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If my children’s mother was caught having an affair and I want her out, how can I remove her from the lease?

She is the co-applicant. She cannot afford the house if I go.

Asked on September 1, 2010 under Real Estate Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your situation.  The lease is a contract as between you and the landlord.  If you both signed the lease then you are both responsible for the payment of the rent.  The only way for your child's mother to be released from the lease - or you for that matter - would be if the landlord agreed and prepared a new lease with only one of you on it as paying the rent to him.  If he does not agree then you and she remain liable for the rent, no matter who stays and who goes.  So if you miss the rent or "default" the landlord can come after wither and both of you for the money.  Good luck.


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