Legal Question in Family Law in California

Family Law

my wife and I just signed a new lease on a rental unit and she informed me that is is not moving in and wants a divorce. Is she legally responsible for half of the lease payment?


Asked on 7/02/07, 1:37 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Family Law

Sort of. Your wife has a contractual obligation to the landlord to pay the rent. But so do you. If it is a month to month lease, your wife is required to give at least 30 days notice. If it is for a longer period, then your wife is requred to pay rent for a reasonable amount of time, until you can get a roommate to take her place, assuming you have an extra room. If you are unable to afford the current rent, you may need to terminate the lease. If it is a long term lease, then you may just have to breach the lease agreement and when you get divorced, the judgement will assign 1/2 the liability for the breach to her.

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Answered on 7/02/07, 4:07 pm


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