Legal Responsibilities

[furball]

I live in the state of California and my husband of four years recently moved out of our apartment. Is he still legally responsible for paying part of the rent, utilities etc.? We have not signed any papers to make it a "legal separation" either.

 

[justalayman]

You are both equally contractually responsible for paying the bills. It is up to a court to determine if he is specifically required to pay any of the bills. Whether a court will order him to pay those bills will be based on information not provided here.

 

[tranquility]

In California, if a spouse moves out with the intention to not return and no hope of reconciliation, you ARE legally separated. At least, in a way. If your question is that you need some level of support, then you have to file for separation or divorce and get a court order.

 

[furball]

What if both of our names are on the lease?

In California, if a spouse moves out with the intention to not return and no hope of reconciliation, you ARE legally separated. At least, in a way. If your question is that you need some level of support, then you have to file for separation or divorce and get a court order.

 

[Ohiogal]

What if both of our names are on the lease?

Contractually you are both jointly and severably responsible for the entire lease. it is entirely possible that since you are in the apartment and getting use of it, the court would order you to pay the rent, utilities and other living expenses. If you can't afford the lease on your own, you should plan on moving.

 

[LdiJ]

Contractually you are both jointly and severably responsible for the entire lease. it is entirely possible that since you are in the apartment and getting use of it, the court would order you to pay the rent, utilities and other living expenses. If you can't afford the lease on your own, you should plan on moving.

While I agree with this advice, there is the question of the lease. The OP cannot simply move (at least not without repercussions) if the OP and her husband are still under a lease. Therefore that is not necessarily good advice.

 

[Ohiogal]

While I agree with this advice, there is the question of the lease. The OP cannot simply move (at least not without repercussions) if the OP and her husband are still under a lease. Therefore that is not necessarily good advice.

Where did I say she should break the lease? I didn't. Nor did I say she should move before the lease is up. However, if she cannot afford to pay the rent and her stbx doesn't give her money, she will be evicted and therefore will have to move anyway. Hence, it was not advice. It was fact. Without a court order, her ex doesn't have to pay a dime. And even with a court order that doesn't mean he will pay. Even if she goes to court, that doesn't mean the court would even order spousal support. Therefore, her planning on moving is something for which she does need to prepare if she cannot afford to pay the rent on her own. Again, not advice but FACT.

 

[tranquility]

We certainly need to know more facts to advise. The actual question the OP is asking is uncertain. Until we know the question, or the facts behind, I don't think there is an answer.