do i have to stay in a lease if spouse wants to seperate?

[richryan10]

Hello!

wife wants to seperate from the marriage. She doesn't want to be touched, and would rather be apart. We are in a lease for 10 months more. What are my choices? I'm willing to leave the premisses, but want to do it the right way.

 

[army judge]

You both are financially responsible for the lease payments.
You are free to leave.
But, she can sue you to pay a portion of the lease.
You both would be wise to draft a legal agreement of separation.
That way, both of your rights are protected.
You can do it yourselves, or speak to attorneys about it.
You both should have your own attorney, should you decide that si the route to go.
If you have children, your agreement should address visitation and support.
If it doesn't, when its time for the DIVORCE (which often follows at some point), any monies you've paid won't be counted.

NEVER PAY ANYTHING UNLESS IT IS COURT ORDERED AND SANCTIONED.

 

[jharris352]

Your landlord isn't part of the marriage. He/she has the right to be paid and can hold both or even just one of you liable for breach. Both of you need to think about this.

 

[MorgansDaddy]

If you and her AGREE that she is to remain and you are to leave, the first thing I would do is ask the landlord if all parties can agree to a solution of removing you from the lease. If the landlord and the wife agree, please get it all in writing. I learned my lesson with my first marriage and when we couldn't make it work, We decided that she could afford the apartment by herself, but would be hard pressed to find a new place as cheap and also come up with security. Well I made more money so agreed to move after the landlord agreed that she would be the sole person on the lease and I was free and clear. Lets just say I was dumb enough not to get it in writing and she decided to stop paying anything and I got sued for $2500+. Expensive lesson to learn so make sure you cover all basis before leaving.