Legal Question in Landlord & Tenant Law in New Jersey

Hi. I have a civil union in the state of NJ. My partner and I moved into an apartment in June/2013. The management was aware she would be living with me, but we did not include her on the lease because her credit was poor.

My partner and I recently separated (and are seeking legal separation and a divorce when enough time has passed to file). I cannot afford the 2 bedroom apartment alone, and she is pressuring me to find a roommate by Jan 1st. The rent is high, the apartment size/layout not ideal for 2 people who don't know one another, and no one in my immediate network needs a place to live, so I will have to rent to a stranger.

We have 2 bedrooms and I suggested she move into the second and we see out the lease until the end. She said she is moving out instead and has not stayed at the property since the day we agreed to separate. Our separation was not dramatic. We had been living as friends for a very long time. Consequently, I feel she is being unfair and unreasonable, especially since I have proof that I financially carried her in many ways since we got married.

My question is: if I can't find a suitable roommate, would a court system see my wife as having a legal obligation to pay toward the apartment costs until the end of the lease despite her not being on the lease? I know she would have no obligation if we were not in a civil union, but I am wondering if she does since we do have one.


Asked on 11/23/13, 4:37 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

There is not a whole lot of law yet on this type of situation. However, the intent of developing law appears to apply the divorce laws the same for both gay and non-gay couples. Using that as a guideline, it would appear to me that both of you would be obligated to pay the rent because it is marital debt, no matter who it was incurred by. That debt would not necessarily be borne equally in that equitable distribution means "fair" distribution of debt, which is not necessarily "equal" distribution. If the two of you could not agree, a Court would ultimately decide. And by the way, there is no "period of time" that the two of you need to wait to get a divorce. Proceedings can be immediately started.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Feel free to call me at 856-546-8010. Mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 11/24/13, 8:02 am


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