Lease question in divorce

[AngelaAZ]

What is the name of your state (only U.S. law)? Arizona


I have a question. I am currently going through a divorce. My spouse moved out of our home semi-peacefully as there are domestic violence issues. My children remain with me. He is demanding I remove him from the lease to our home yesterday. I'm not sure I have enough income to qualify for the house on my own, though I know I can manage the bills with some penny pinching. I'd like to not move abruptly on my children. Do I have to remove him? Can he remove himself? I haven't called the landlord yet as I'm afraid they will just tell me to leave and I can't afford to move right now. I just want to know if I have anything legal protecting me at all?

 

[Gail in Georgia]

Neither you nor your husband can simply remove him from the lease legally. Only the landlord can "let" him out of his financial responsibility to this lease.

Gail

 

[FarmerJ]

You do not have to remove him from the lease and your LL cannot remove him with out your written permission.

 

[ecmst12]

He still has financial responsibility for you and your kids. Please see a lawyer to protect yourself.

 

[HomeGuru]

I agree with the 3 postings.

 

[AngelaAZ]

Thank you

Thank you so much. This has been a tough road and hopefully this will be one less thing for me to worry about.

 

[Alaska landlord]

No landlord in his right mind would remove him from the lease. If you fail your obligations he can still attempt to legally collect from him. Your concern is to make sure you keep current on your lease if you wish your landlord to renew at lease term.