Legal Question in Family Law in New Jersey

Re: Wife has moved out of our apartment

I assume that you and wife have separated, and are contemplating a divorce at some time in the future.

If there were any arrearage due on your lease, your wife may be liable to you for contribution, because she benefited from the lease. She may also be liable to you based on an agreement or understanding between the two of you.

Going forward, the landlord probably does not have any recourse directly against your wife, as she did not sign the lease.

You may or may not be able to make a claim for contribution against your wife in a divorce proceeding, if the court determines that the apartment lease obligation is equitably shared by you and your wife, and that it is otherwise fair and equitable for your wife to contribute to your rent. This will depend on a number of other factors as well, i.e., you and your wife's individual incomes, expenses, etc.

Most likely, however, the court might be expected to rule that each of you should pay for your own residences from the date of the separation.

A similar analysis applies to any other expenses. Anything in the past that your wife actually shared in the benefit of, but is still owed, is more likely to be regarded as a joint debt.

If you can't "swing the bills", then your immediate duty is to mitigate your damages, that is, cut the bills as much as you can.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Wife has moved out of our apartment

All assets acquired during the marriage which were not gifts or inheritance are subject to distribution between the parties in a divorce, as are all debts and other financial obligations.

You can probably escape your lease by finding another tenant for your apartment which can be cheaply obtained by placing a classified ad in The Record.

If you have other questions, please call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com