My husband and I are located in Texas and discussing divorce. He wants me to leave the apartment where the lease is in my name with his name as a tenant/roommate. We began renting this apartment after we were married and his credit was so bad the apartment complex would not put him as an actual lease holder.
Additionally, he has been unemployed for 2 years now, only working for about 2 months out of that, and I have been paying for everything. I know...I got myself a catch...
So my question: Does he have a right to kick me out? And if so, will I still be liable to pay rent as he is expecting me to do?
I will be discussing this with my apt complex tomorrow, and possibly contacting a lawyer, but I just wanted to know people's thought/suggestions until then. Thank you for your help.
2007-09-30 18:11:28 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Well as lease holder you are entitled to full rights over the apartment so he has no right to kick you out. Alternatively, you cant technically kick him out either. As long as he doesn't cause problems for other tenants and pays his share of the rent, and causes no physical nor emotional stress to you (Other than the divorce) he is in "Peaceful Possession" of his share of the apartment.
If he does try to forcibly eject you from the apartment go directly to the police and will arrest him and reinstate you. Personally I hope it doesn't get that far.
2007-09-30 18:19:28 · answer #1 · answered by dameondavos 1 · 0⤊ 1⤋
He cannot kick you out, but if you leave then you are still liable for the rent. You can't kick him out either (or remove his belongings without his permission). What you can do is file for eviction and evict him. It is pretty simple. Start by taking him off of the lease as a tenant with the complex and then go down to the courthouse or to an attorney.
You always have the option of making it so miserable for him that he leaves ;-)
2007-10-01 01:26:47 · answer #2 · answered by Yoda 3 · 0⤊ 1⤋
Texas being a joint property state makes everything more interesting. He clearly does not have the right to kick you out. Among other things nothing you say would result in the apartment management letting him stay on his own and they are likely to come to you for the rent. Management will hate being caught in the middle when you ask them to change the locks and prevent him from getting in and will probably want some legal documents to back them up.
2007-10-01 01:20:48 · answer #3 · answered by Mike1942f 7 · 0⤊ 1⤋
I don't know the laws in Texas ... however, if your name is on the lease, you're responsible for paying the rent. Seems to me the apartment is yours. If you find you're liable to pay rent whether you're there or not ... well ... he's the one that would need to leave. Good luck!
2007-10-01 01:23:21 · answer #4 · answered by Pisces Chicka 4 · 0⤊ 1⤋
He cannot make you leave. If you do leave, the apartment complex will probably act as though you've broken your lease. If he wants to stay he will have to create a new lease with them, once that happens I doubt that you'd be responsible for his rent.
Please, do contact a lawyer as soon as possible.
2007-10-01 01:31:20 · answer #5 · answered by aninocentangel 4 · 0⤊ 1⤋
Well, depending on if you have been any trouble to your apt. manager, ......whether your husband has caused any problems, I rather think that you have all the cards in your favor at the moment. Now, if he is talking "divorce",...I'd "one up" him as fast as I possibly could. you didnt say where you live but rather to where he is living, In Texas, you'd win hands down simply because you're the woman, I dont know how your state would react to the idea of divorce. normally, most states favor the woman or the woman and children. If you had to ask me how I know, well, I'd have to say I been through enough divorces to be able to represent myself!..so sad
2007-10-01 01:41:17 · answer #6 · answered by theoregonartist 6 · 0⤊ 1⤋
Generally the lease holder is the one held responsible. I imagine your apartment complex has policies in place.
You really need to consult with an attorney, and don't delay.
2007-10-01 01:20:32 · answer #7 · answered by Asked and Answered 7 · 0⤊ 1⤋
it really depend on the laws in your state. but if the lease is in
your name,then he will have to move out, especially if he
not paying the rent. or any thing else. but talk to your lawyer
and see what can be done.
2007-10-01 01:30:16 · answer #8 · answered by luckystar 6 · 0⤊ 1⤋
i can see u have urself a situation here, maybe if u went and bought urself a new car u would feel better. its gonna take u some time to fully recover from this but just take one day at a time. good luck to u and i'll be praying for u too
2007-10-01 01:29:39 · answer #9 · answered by Anonymous · 0⤊ 1⤋
If you leave, you are still liable for the rent. And I don't think he can make you leave.
2007-10-01 01:15:21 · answer #10 · answered by Anonymous · 1⤊ 1⤋