suzie71384
recently joined
Reged: 10/20/09
Posts: 13
Loc: Encino, CA
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We were married for less than 8 months before deciding to divorce. While I wasn't home one weekend, he packed up most of his things and moved back in with his parents. (thanks for the heads up right?)
It has been two months now and I'm left to pay the rent on the condo we're renting and still have 8 months left in the lease.
Both of our names are on the lease and he IS NOT helping me with half, like he was been for the past 1.5 yrs. Although I'm paying the entire rent alone NOW, I feel he is still responsible for the other half since we share the lease.
I'm behind every month on bills because of this extra expense and I want to know if there's anything I can do to make him pay for half the rent.
Will I have a case in small claims?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Will I have a case in small claims?
>>>>>>>>> No , you can't sue your spouse .
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Careful. We don't want to learn from this.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Small claims court is the wrong court for your situation.
Where you need to sue him for temporary support (just until the lease is over and you can move to a cheaper place to live) is family court. You would do when you file for divorce. Legally, he is just as responsible for the lease payment as you are.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Watch Judge Judy a few times. It's a civil matter and he was responsible for half the rent.
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Char Fox
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Once divorced however, she could sue him civily. I'm not sure a divorce court would address rent issues as someone else mentioned. I've seen other couples on the court programs with the same dispute. Some divorced and some never married.
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Char Fox
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googledad
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Reged: 12/31/05
Posts: 10207
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Court programs ( like Judge Judy ) have nothing to do with reality , the " litigants " agree to binding arbitration with the " judge " as arbitrator . There is no reason for the participants to complain as all " damages " are paid by the shows' producers .
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Careful. We don't want to learn from this.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Those on the show however have actually filed civil suit within their jurisdiction and agreed to have it on the show rather than go through their home court. So at least the complaint has been filed. Don't know what the typical judge would rule with regards to that type of complaint. But I've never seen where a divorce court handles tennant disputes. Typically tennant/rental disputes are settled via civil court. The only other option is they're both on the lease and the landlord will go after both of them, but as only one lives there, that one would be in danger of being evicted if they don't pay the full rent, regardless of whether the other contributes or not.
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Char Fox
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]Those on the show however have actually filed civil suit within their jurisdiction and agreed to have it on the show rather than go through their home court. So at least the complaint has been filed. Don't know what the typical judge would rule with regards to that type of complaint. But I've never seen where a divorce court handles tennant disputes. Typically tennant/rental disputes are settled via civil court. The only other option is they're both on the lease and the landlord will go after both of them, but as only one lives there, that one would be in danger of being evicted if they don't pay the full rent, regardless of whether the other contributes or not. [/quote]
These weren't roommates with a joint legal contract. This was a husband and wife with a joint legal contract. The husband skipped out on his portion of the marital contract(which would also qualify as a joint debt since there is a legal obligation to pay for it).
And that does fall under the family courts jurisdiction.
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Miranda
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Loc: North of Mexico
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Temp support is not what you are going to get on an 8 month marriage. In your divorce motion you need to ask that he reimburse you his share of the rent as marital debt.
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13.1...because I am only half crazy!
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Sherron
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Reged: 11/25/06
Posts: 20056
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"Temp support is not what you are going to get on an 8 month marriage."
My ex had to pay temp support to his 2nd ex wife after less than 6 months of marriage... judge ordered it because she had kids... notice, "SHE" had kids... none of them were his... when we divorced, I got $hit (not that I was asking), even though we had been married for nearly 10 years and had two kids together... same state... I would say it just depends on the judge?
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]Temp support is not what you are going to get on an 8 month marriage. In your divorce motion you need to ask that he reimburse you his share of the rent as marital debt. [/quote]
Except that she needs him to pay his portion now. As opposed to months from now when both credit ratings are impacted because he skipped out on his obligation. She CAN get temp support for something like this. And if the lease runs out before the divorce is final, then the temp support ends.
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Maury
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A court in any divorce can determine support issues as well as who pays what bills. That is true both as part of a temporary hearing while the divorce is pending and after the divorce.
I doubt that a court would require that he pay half the rent. However, it may require he pays other marital bills.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]A court in any divorce can determine support issues as well as who pays what bills. That is true both as part of a temporary hearing while the divorce is pending and after the divorce.
I doubt that a court would require that he pay half the rent. However, it may require he pays other marital bills. [/quote]
Why? They both signed the lease. And she can't move out without it impacting both of their credit rating before the lease is up. It's a contract. He is choosing to back out. Legally, he is just as responsible for the rent as she is. His name is on the lease. He signed it just like she did. For such a short marriage, there probably isn't any other marital bills. The utilities would be her responsibility since she is living there and has control over how much is used. The only joint marital obligation is the lease and the rent.
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almostheaven
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Yes, legally, they're both obligated on the lease. However, also legally, they both signed, so the landlord can go after either/or. Then the one that is stuck with it all can go after the other. If it messes up their credit, they can seek damages. But when you sign on such a document, you should never depend upon the other party holding up half of it. Because if they don't, you're still obligated for all it with the option of going back on the other one.
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Char Fox
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]Yes, legally, they're both obligated on the lease. However, also legally, they both signed, so the landlord can go after either/or. Then the one that is stuck with it all can go after the other. If it messes up their credit, they can seek damages. But when you sign on such a document, you should never depend upon the other party holding up half of it. Because if they don't, you're still obligated for all it with the option of going back on the other one. [/quote]
Again, I do have to point out that this isn't a case of roommates and one decided to leave early.
It is a case of a MARRIED couple entering into a joint legal contact for a home, even though it's temporary. Much like a mortgage (except that it's a lease).
Courts have been known to order both parties to pay half the mortgage. My question for Maury was why he doubted that a court would order the husband, who abandoned his wife and left her responsible for his share of the lease, to pay half of the marital debt or at least a portion of it until the lease was up.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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I'm not talking about the marriage or no marriage, but about the landlord/tennant. The court may or may not order anything. Until the court does so, and even if they DO order one pay the other party and the one does NOT pay, the landlord still has the legal right to go after either/or. They have a contract with both and can treat them together or individually. The court (in either a marriage or not) can only order one party to pay the other. They cannot force them to pay, they cannot prevent them from messing up their credit. So the one living there needs to make the full payment in order to keep the apt. and keep their credit rating. Then recoupe whatever they can through the courts after the fact.
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Char Fox
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