currently separated; keep spouse name on lease renewal?

[Plantagenet]

What is the name of your state? MA

Hi there -- my wife moved out of our apartment to get some "breathing space" to reassess (she had an Emotional Affair 6 months ago). Our lease is up in 2 weeks, and my landlord says that if she does not resign the lease that he will take her keys. She seems to want to sign the lease but I am VERY unsure about whether this marriage will survive, so does it matter legally if her name is on the lease or not if we divorce?

if we divorce
a) is she responsible for paying half the rent for the duration of the lease?
b) do I lose the abilty to kick her out?

Thanks --

 

[LdiJ]

What is the name of your state? MA

Hi there -- my wife moved out of our apartment to get some "breathing space" to reassess (she had an Emotional Affair 6 months ago). Our lease is up in 2 weeks, and my landlord says that if she does not resign the lease that he will take her keys. She seems to want to sign the lease but I am VERY unsure about whether this marriage will survive, so does it matter legally if her name is on the lease or not if we divorce?

if we divorce
a) is she responsible for paying half the rent for the duration of the lease?
b) do I lose the abilty to kick her out?

Thanks --

If she signs the lease the landlord would hold both of you 100% responsible for the rent, but the judge handling your divorce would not. Whoever keeps the marital home is responsible for the rent/mortgage.

If she signs the lease then yes, you would lose the ability to kick her out. Only the judge could order her to move out.