My wife and I are getting divorced. We have six months left on our apartment. We had to put a huge security deposit down because of her poor credit, so we really need to leave this place on good terms. Here's the problem. She will not leave. I can afford the rent, but she really can't. I am afraid that if I leave the apartment to her she will default on the rent and I will never see my security deposit again. What to do?
2006-07-14 03:44:50 · 11 answers · asked by nalashelby 2 in Politics & Government ➔ Law & Ethics
You signed a lease agreement so legally you are bound to pay the rent for the apartment whether your soon-to-be ex pays or not. If she continues to live there and does not pay the rent it will give you a bad credit rating and you will be liable for the rent anyway. Either way you will have to pay. It is okay if she will not leave; tough it out. Stay there yourself. You have every legal right to. Then when the security deposit is returned ask your landlord to send each of you a separate check for your half of the security deposit.
Also, legally she is required to pay for half of the rent each month whether or not she lives there. If she doesn't you can recover those costs as part of your divorce. You can also recover 1/2 of the utilities or any other payments made in association with leasing the apartment.
Good Luck.
2006-07-14 04:12:28 · answer #1 · answered by Lodiju 3 · 1⤊ 0⤋
Usually in special circumstances, it's possible to talk to the management to see if something can be worked out. If you and your wife were married when you got the apartment, the security deposit will probably be considered "community" money so you'll only have to claim to half of it. Talk to the apartment managers and see if there is anyway to get your money and have your name removed from the lease. They might be willing to do a walk through of the apartment now to see what kind of condition it's in. Then they can add the remaining half of the security deposit (that they're owed back) onto your wife's rent bill. If not, you may just be out of that money, but I'm not sure if it would be worth it or not to live with someone I can't handle being married to for a couple of hundred dollars (or however much). If nothing else, get your money back in the divorce settlement. Good luck.
2006-07-14 03:51:54 · answer #2 · answered by Melanie 3 · 0⤊ 0⤋
There is no way to eliminate your liability for the lease payments and since you are entitled to half the security deposit, you certainly have a vested interest. If she won't leave, you'll have to live with her unless you get an attorney and leave it up to a judge which might not be good if you have been married several years. If she has never made much money or is not capable of it, you could find yourself with alimony payments the duration of which is usually 1 year for every 3 years of marriage.
2006-07-14 03:51:32 · answer #3 · answered by overtheline 2 · 0⤊ 0⤋
Find out from the management company if you can get your name taken off the lease. Unfortunately, this plan still requires that your soon-to-be-ex-wife give you the security deposit back.
I think you should talk to your divorce lawyer and make this situation part of the terms of the divorce in a way that works best for both of you.
2006-07-14 03:48:04 · answer #4 · answered by Cols 3 · 0⤊ 0⤋
It's important to protect your credit rating which means if she stays then you must ensure that she pays or you pay. Since she already has a poor credit rating, she has less incentive to want to protect it, although perhaps someone can clue her in that this is a good time to start rebuilding her credit.
I don't recommend the two of you continuing to live together since it could result in more than just financial problems.
The best thing might be for you to make the payments to the landlord and then try to recoup what you can from your soon to be ex. Get her to sign an agreement spelling out both of your expectations for this arrangement. Specifically, that this is not a gift from you to her and that you expect full payment of her share within a certain time frame.
2006-07-14 05:03:36 · answer #5 · answered by Bright Light 3 · 0⤊ 0⤋
Explain your situation to the manager. Since you won`t be living there,and half of your lease is over,ask for YOUR half of the deposit! Since you`re leaving you NEED the money for another apartment!
2006-07-14 03:55:01 · answer #6 · answered by Snowdog74 3 · 0⤊ 0⤋
You need to get a lawyer for sure, if you don't have one already. You are in good standing more than she is. Pay off what is left on the lease, if you can, and get back your deposit.
My feeling is she is gonna want some of that to live on...
Good luck to you..
2006-07-14 03:48:06 · answer #7 · answered by schleppin 3 · 0⤊ 0⤋
dont leave. if she cant afford it, will default and being angry at you, she might ruin the place. how much is rent? tell her that you want to split the rent and half the bills. she might be wanting one last free ride.
After having to pay, and after you start dating, she might not want to stick around, maybe she wants you back.
2006-07-14 03:49:02 · answer #8 · answered by ♣ 4 · 0⤊ 0⤋
Is the money worth the drama of the wife?
If yes, then just make it unbearable so that she wants to go.
2006-07-14 03:49:04 · answer #9 · answered by csucdartgirl 7 · 0⤊ 0⤋
Pay the penalty to get out of there now.
2006-07-14 03:49:39 · answer #10 · answered by justme 3 · 0⤊ 0⤋