My boyfriend and I are both in the military. He recently got change of duty station orders, and he has to relocate. We live in an apartment and signed one lease. The apartment management is saying that he can leave, but I must stay since we are not married and I do not have orders to relocate, or we must pay to break the lease if I leave with him. According to the Service Members' Civil Relief Act, they must let the dependents leave as well without penalty. I spoke with JAG (military lawyer) on this issue, and he said even though we are not married, I qualify as his dependent since we have lived together and shared living expenses for over 180 days. For anyone who knows about law, or the Service Members' Civil Relief Act, is the 180 day thing true? Do I qualify as his dependent? Any links to websites with this info would also be helpful. Thanks!!
2007-01-18 02:29:10 · 4 answers · asked by *~HoNeYBeE~* 5 in Politics & Government ➔ Law & Ethics
No. If you are both in the military and you have an income, then you are clearly not his dependent. You would have to be a legal relation (married or child) for that to be the case.
Unless the JAG can draw up some papers to that effect to convince the landlord, you are most likely stuck with the lease if your name is on it. If he were the only one who had signed it, you would probably have gotten out of it without a problem. See if subletting it is an option.
I've included a link with some info about breaking a lease if called to duty.
2007-01-18 14:59:12 · answer #1 · answered by Jerry Hayes 4 · 0⤊ 0⤋
NO. JAG is wrong on this one. You are a military member capable of supporting yourself. The fact that you are boyfriend and girlfriend does not change anything. You are not married and therefore are not entitled to those benefits. That would be the same as when I was in the military, and had another military member co-worker residing with me, we were roommates, and that was it. Neither one of us could claim the other as a dependant and wouldn't want to.
My synopsis is you are roommates, not dependants, and you are now responsible for the lease. At least as the information has been presented here.
I'd also recommend talking to your 1st Sgt or Cmdr to get assistance with this matter if need be.
Fire... Contrary to what some believe, merely living with someone does not make you married.
2007-01-18 02:38:33 · answer #2 · answered by jarrgen 3 · 1⤊ 0⤋
that is genuine, however the classic definition of based at your age (and clearly you're actually not infirm or you won't be interior the armed forces) applies to human beings no longer able to shield themselves. in any different case it often applies to little ones.
2016-12-12 14:19:10 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You may be technically married under the common law rules in some states, check them out.
2007-01-18 03:14:41 · answer #4 · answered by Fire_God_69 5 · 0⤊ 2⤋