Wife's Responsibility

cdshokes · #1 05-25-2007, 12:18 AM

What is the name of your state? Michigan

My wife and I separated last January and she moved out of our shared apartment to rent another. Our lease had expired and we were paying month-to-month. Shortly after our separation, I lost my job. By April, I was out of money and was unable to pay rent. I had nowhere to go, so I stayed in the apartment until I received a "notice to quit," which stated I had a week to either pay the rent or vacate the apartment. I moved out on the 7th day and into my mother's apartment, which worked out because she needed, and still needs, assistance after a hospital stay. My landlord has sued us, and my wife and I are now responsible for paying an amount neither of us can afford. I honestly don't care what they do to me, but my wife is a responsible person with good credit, and she is trying to get into a nursing program and is afraid of repercussions from all of this. It is unfair that she should suffer because I was unable to pay for an apartment she no longer lived in, particularly since I was the one who suggested she relocate. Is there any way she can be released from this judgment so that it can affect only me? She has a lease for another apartment that she began renting months ago, and I have proof that I am now living with my mother, who requires 24-hour assistance to avoid being placed in a nursing home. I will be eternally grateful to anyone who can provide constructive advice on how to remove my wife's legal responsibility in this matter.

Alaska landlord · #2 05-25-2007, 05:39 AM

Easy, you can both start paying your ex-landlord his money.

moburkes · #3 05-25-2007, 07:23 AM

Quote:

Originally Posted by cdshokes

What is the name of your state? Michigan

My wife and I separated last January and she moved out of our shared apartment to rent another. Our lease had expired and we were paying month-to-month. Shortly after our separation, I lost my job. By April, I was out of money and was unable to pay rent. I had nowhere to go, so I stayed in the apartment until I received a "notice to quit," which stated I had a week to either pay the rent or vacate the apartment. I moved out on the 7th day and into my mother's apartment, which worked out because she needed, and still needs, assistance after a hospital stay. My landlord has sued us, and my wife and I are now responsible for paying an amount neither of us can afford. I honestly don't care what they do to me, but my wife is a responsible person with good credit, and she is trying to get into a nursing program and is afraid of repercussions from all of this. It is unfair that she should suffer because I was unable to pay for an apartment she no longer lived in, particularly since I was the one who suggested she relocate. Is there any way she can be released from this judgment so that it can affect only me? She has a lease for another apartment that she began renting months ago, and I have proof that I am now living with my mother, who requires 24-hour assistance to avoid being placed in a nursing home. I will be eternally grateful to anyone who can provide constructive advice on how to remove my wife's legal responsibility in this matter.

Unfortunately, it is usually AFTER the bad stuff happens and becomes finalized that people decide to ask and attempt to assert their rights. However, nothing could have been doen for you, but you can continue to apologize to your wife for the damage you caused.

Cvillecpm · #4 05-25-2007, 07:23 AM

You need to get a REAL job and pay your ex-landlord. Your BAD for not paying the rent after your wife vacated.

ecmst12 · #5 05-25-2007, 09:50 AM

That's very nice that you don't want to mess up your wife's credit for something that was your fault. You can both ASK the judge that to have the judgement against only you, since she had moved out, but if her name was still on the lease and the landlord wasn't advised that she had moved out, then legally she's still responsible. You are of course still responsible for the rent up to the day you moved out (and possibly until the end of that month, since your lease was month-to-month), as well as all the court costs etc for the lawsuit. And if your wife is working and you're not, or has more assets than you do, then of course the landlord is going to want her on the judgement as well since she has more ability to pay. The best thing you can do for everyone involved is to get a job and start paying the landlord back ASAP, so he won't feel the need to go after her wages or bank account.

moburkes · #6 05-25-2007, 09:55 AM

Quote:

Originally Posted by ecmst12

That's very nice that you don't want to mess up your wife's credit for something that was your fault. You can both ASK the judge that to have the judgement against only you, since she had moved out, but if her name was still on the lease and the landlord wasn't advised that she had moved out, then legally she's still responsible. You are of course still responsible for the rent up to the day you moved out (and possibly until the end of that month, since your lease was month-to-month), as well as all the court costs etc for the lawsuit. And if your wife is working and you're not, or has more assets than you do, then of course the landlord is going to want her on the judgement as well since she has more ability to pay. The best thing you can do for everyone involved is to get a job and start paying the landlord back ASAP, so he won't feel the need to go after her wages or bank account.

The judgment is already final. He can't just ask the judge to revisit the issue at this point, and, even if he could, the chances of that happening are slim to none.

Cvillecpm · #7 05-25-2007, 10:03 AM

"Is there any way she can be released from this judgment so that it can affect only me?"

The answer is NO and the landlord would have had to agree to this stipulation IN COURT which his attorney would advise against since your wife is the better judgement debtor since she appears to be more financially responsible.

Who's Liable? · #8 05-25-2007, 11:55 AM

Technically, they BOTH did the damage... This is assuming of course that BOTH of their names were on the lease... The OP did not post whether or not the wife gave proper to notice to vacate the premises to the LL as required per their states LL/T laws.

So this may be that the OP is NOT at fault for the wife being named on the judgement as well... It would be HER responsibility to remove her name from the lease WHEN SHE VACATED the apartment. Since she failed to do so, it is NOT the OPs fault she is included in the judgement.