Husband moved out and now wants back rent for past 2 1/2 years

[crarias]

My husband moved out Oct 2008, but we went looking for a house to rent for my kids and I to move into in Aug 2008. He then told me not to move and stay in house and he will help with mortgage. Then in Feb 2010, he told me to stop paying mortgage and save the money so I can move when they kick us out. Now his attorney says I owe him $38,000 for back rent. Is there a way to fight this?

Also, I am being kicked out and have to move by the end of the month and he won't settle the household furniture split. Can I just take my half and move and leave the other half and not be responsible for it?

 

[army judge]

If you're still married and no court orders direct you, as how to handle the marital assets, you can do whatever you wish with the property. The property of married couples belongs equally to the parties of the marriage, absent a court order directing the parties to protect the property.


As to him getting back rent from you, no way. You're in this mess together. He wins, you win. He loses, you lose.

I suggest you do whatever you wish, as long as you haven't been directed in the contrary by the court. If you have, you must obey all court orders!

 

[bluemann33]

Yea dont pay him a dime unless the court orders you to. If things are as you say you shouldnt owe him any back rent.