Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2011
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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
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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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: 2011
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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
Carpal \'Tunnel
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: 2011
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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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