Legal Question in Family Law in California

Divorce/breaking lease/child support

I have a 4 month old baby with my husband, married 8/8/08. I would like to get a divorce based on him not financially contributing to our situation. We are renting a condo for 1,725/month in the bay area and he gives me $500 for rent, utilities, groceries, child costs, phone bill ect. He is a medically retired from the Navy and recieves 2,800/month for disablitiy and has his own dive buisness. I am currently on maternity leave and recieving no income and using my savings to survive until I go back to work July 20th, 2009 as a registered nurse. I have only been away from my child for 3 hours since she was born and he is refusing to care for her. I am currentlly finding my own apartment, and would like to know how to take myself off the lease or break it, the complex requires two signatures. He refuses to pay more money or move out of our current living situation. The situation is only getting worse and I need to have a new place to stay and childcare ready in 2 months before I return to work. Thank you.


Asked on 5/16/09, 10:47 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Divorce/breaking lease/child support

Unless the landlord is willing to release you from the lease obligation you remain responsible along with your husband, regardless of any arrangements/agreements you make with your husband. If the lease term has expired, and/or it is a month-to-month lease, you can give the landlord a 30-day notice that you are terminating the lease with respect to you. The complex can't overwrite what the law is, it doesn't have to be joint with your husband.

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Answered on 5/16/09, 11:52 am


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