Legal Question in Credit and Debt Law in Connecticut

Am I responsible for paying for her property damage even though I wasn�t living

My wife kicked me out of our apartment in December 1999. Since I know that she is not trustworthy, and since I wouldn't be using any of the apartment's utilities, I tried to protect myself by removing my name from all of our joint accounts/apartment bills. The rental agency would not let me remove my name from the lease claiming that they couldn�t do so until we were divorced. Even though I would not be living there any more. Now they are trying to make me pay for the property damage that she incurred during the time when I was out of the house. They sent photos of the damage to my place of business. Is there a way to protect myself from this damage to my credit and my wallet? The creditors are right, but they're going after the wrong person. Am I responsible for paying for her damage even though I wasn�t living in the apartment, or even the same town, when she did it?


Asked on 8/02/00, 4:53 pm

1 Answer from Attorneys
Stephen Silverberg Silverberg Law Office

Re: Am I responsible for paying for her property damage even though I wasn�t liv

Yes.

Sorry, but your name is on the lease, and if it's any variation on the usual residential lease form, you agreed to be jointly liable to the landlord, with the wife.

Now, the good news...maybe. Are you divorced yet? If not, there's no reason you can't sue your wife for reimbursement. Or, if you don't want the expense of suing her, wait until the landlord sues you. Then, if the landlord sues both of you, you can file what's called a "cross-complaint" against her. If the landlord sues you, only, you can still bring her into the case and raise your claims against her. This assumes you know where she is, and that she lives or works in the same state you do.

What difference does it make whether you're divorced yet? If you're divorced already, most likely something in the divorce agreement will prevent you from going after her on this.

Good Luck.

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Answered on 9/13/00, 4:41 pm


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