ActionJackson31
Junior Member
What is the name of your state (only U.S. law)? California
Have previous lease with spouse. We are in process of getting divorced. Broke lease from needing to change job location and was making agreed upon payment arrangements on back rent owed, so far everything was fine.
I lost job, missed two months payments, made clear will resume payments ASAP. Gave proof of loss of employment.
Issue landlord has- Tired of waiting and worried about my ability to repay. He is going to report missed payments to credit and sue for back rent owed to guarantee his money is repayed. I understand this and quite frankly not contesting, I am reasonable. I won't contest what I owe, I will make it easy for him and deal with whatever happens.
Problem- The spouse. He states my spouse signed lease and will ruin her credit along with mine, as a scare tactic. My wife never signed any lease and she wasn't even in the state on the date "I" signed the lease (witness signed lease and date as well). For all legal purposes she was a month-to-month roomate with no agreement signed.
I have learned so far that upon moving out, a month to month renter does not owe back or future rent without any previous written or verbal agreement. She never had any agreement, and quite frankly for all legal purposes was not even a resident here. I am also not her power of attorney and did not sign her name to any documents.
He simply wants her included to ensure he will get paid of course, more people more likelihood he gets his money.
However, I believe he committed a crime by forging her name and presented it as the original. He sent me copy of lease and her name is crudely scribbled in, very far from how she signs her name. Yes I can prove with many documents that this signature is a forgery. Needless to say she is furious because it was my agreement with her to pay off the back rent I owed from my income and now she is being included to the extent of ruining her credit. I am going to claim bankruptcy, so I don't care. She, however, does.
Questions- *(PLEASE only answer toward the question, not your opinion of my circumstance)* -->> Can my "soon to be ex-wife" be included in back rent owed lawsuit, and if so, can she file charges against him for forging her name and presenting as evidence in court? Do you know an attorney I could consult?
Please let me know your opinions or known facts. This will be small claims, therefore I am assuming I don't have the option to request legal representation.
Thank you in advance.
Have previous lease with spouse. We are in process of getting divorced. Broke lease from needing to change job location and was making agreed upon payment arrangements on back rent owed, so far everything was fine.
I lost job, missed two months payments, made clear will resume payments ASAP. Gave proof of loss of employment.
Issue landlord has- Tired of waiting and worried about my ability to repay. He is going to report missed payments to credit and sue for back rent owed to guarantee his money is repayed. I understand this and quite frankly not contesting, I am reasonable. I won't contest what I owe, I will make it easy for him and deal with whatever happens.
Problem- The spouse. He states my spouse signed lease and will ruin her credit along with mine, as a scare tactic. My wife never signed any lease and she wasn't even in the state on the date "I" signed the lease (witness signed lease and date as well). For all legal purposes she was a month-to-month roomate with no agreement signed.
I have learned so far that upon moving out, a month to month renter does not owe back or future rent without any previous written or verbal agreement. She never had any agreement, and quite frankly for all legal purposes was not even a resident here. I am also not her power of attorney and did not sign her name to any documents.
He simply wants her included to ensure he will get paid of course, more people more likelihood he gets his money.
However, I believe he committed a crime by forging her name and presented it as the original. He sent me copy of lease and her name is crudely scribbled in, very far from how she signs her name. Yes I can prove with many documents that this signature is a forgery. Needless to say she is furious because it was my agreement with her to pay off the back rent I owed from my income and now she is being included to the extent of ruining her credit. I am going to claim bankruptcy, so I don't care. She, however, does.
Questions- *(PLEASE only answer toward the question, not your opinion of my circumstance)* -->> Can my "soon to be ex-wife" be included in back rent owed lawsuit, and if so, can she file charges against him for forging her name and presenting as evidence in court? Do you know an attorney I could consult?
Please let me know your opinions or known facts. This will be small claims, therefore I am assuming I don't have the option to request legal representation.
Thank you in advance.
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