Legal Question in Real Estate Law in Ohio

Lease Liability for roommate

My husband and I signed our apt. lease prior to being married, therefore are listed as roommates according to our landlord. I am filing for divorce and my husband has threatened that he will not pay anything toward our lease if I do. Since we are listed as roommates on our lease, am I obligated to pay his portion of our rent if he doesn't, yet continues to live there? Can my landlord evict only one of us if the rent isn't paid in full? I have no problem paying the entire rent on the apt., however, I will not pay for him to live there free of charge. DO I have any legal backing on this?


Asked on 12/11/02, 1:35 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Lease Liability for roommate

You should list the apartment lease as a marital debt in the divorce and/or ask the court for enough temporary spousal support from him to cover the obligation during the pendancy of the divorce. As to the landlord, he can evict BOTH of you for nonpayment of rent, but he will do what he wants. In short, pay the rent, and put what you are owed in the divorce.

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Answered on 12/26/02, 2:38 pm


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