breaking a lease???

[jessball821]

What is the name of your state (only U.S. law)? Mississippi
My husband and I are currently separated but we have both our names on a lease for our house. I can barely afford the bills and rent by myself, therefore I want to get my own apartment for the time being. Problem is he doesn't want to take over the house. Can I legally take my name off the lease and leave it to him knowingly that he doesn't want it?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Mississippi
My husband and I are currently separated but we have both our names on a lease for our house. I can barely afford the bills and rent by myself, therefore I want to get my own apartment for the time being. Problem is he doesn't want to take over the house. Can I legally take my name off the lease and leave it to him knowingly that he doesn't want it?

no. all three parties will have to agree, and I doubt the LL is going to let the responsible party out of the lease. nevermind your husband not agreeing to it.

 

[jessball821]

Even though we are physically separated and have been since the end of april, since his name is on the lease he still owes half the rent correct?

 

[Banned_Princess]

Even though we are physically separated and have been since the end of april, since his name is on the lease he still owes half the rent correct?

marital home. you need a divorce right away.

but technically yes he would.

 

[mistoffolees]

Even though we are physically separated and have been since the end of april, since his name is on the lease he still owes half the rent correct?

marital home. you need a divorce right away.

but technically yes he would.

Not necessarily. It depends on how the lease is written, but most commonly they would each be responsible for 100%. If one doesn't pay, the other one has to.

It might be possible to get temporary orders on who has to pay the lease (or how the cost will be divided), but that wouldn't be binding on the landlord.

 

[Ohiogal]

Not necessarily. It depends on how the lease is written, but most commonly they would each be responsible for 100%. If one doesn't pay, the other one has to.

It might be possible to get temporary orders on who has to pay the lease (or how the cost will be divided), but that wouldn't be binding on the landlord.

AND I wouldn't count on a court ordering someone not in the house to pay part of the lease. It would be more likely for the court to order both parties to split the cost of breaking the lease and moving to separate residences.

You might be able to get a temporary order for spousal support IF your soon to be ex spouse earns considerably more than you do.

 

[HomeGuru]

Good responses.