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KimberlyLaw
KimberlyLaw, Attorney
Category: Legal
Satisfied Customers: 3748
Experience:  10 years of legal experience in various fields of law.
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My husband is on the lease, I pay all the rent payments, he

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My husband is on the lease, I pay all the rent payments, he hasn't worked in 9 months. He sits at home all day on singlenet.com and is very blatent in his profile that he is looking to start a relationship and also states that he divorced. Our relationship is over and has been for over a year, we have no sex, there is not intimacy. He refuses to leave because "he is on the lease". Is there anything I can do to get him out and do I have grounds for divorce.
Submitted: 5 years ago.
Category: Legal
Expert:  KimberlyLaw replied 5 years ago.

Hello, I am happy to answer your question. I wil address it in two parts, the first is regarding your lease, the second is regarding a possible divorce.

 

Ok, if this lease is in his name alone, then you have absolutely no rights at all in this house and should not be paying a dime towards it. I understand that you would like to keep the house and get him to leave, but in this situation your friends are correct, just get out as soon as possible, because you are throwing away your money. Once you leave he will be forced to pay his rent and bills, and you are in a great position because since your name isn't on anything, you won't be responsible if he doesn't pay. Perfect, just leave.

 

Now, about a potential divorce. It certainly sounds like that is where you are headed, so now it is just a matter of getting the formalities under way. Regarding grounds for divorce in Virginia, you can file for adultery, cruelty, abandonment or 1 year of separation. Of all of these possibilities, I advise you to go withthe last one. It is not necessary to file for a legal separation, all you have to do is live apart for one year and then you have grounds to file for the divorce even if he doesn't cooperate. If you want to prove adultery, it is going to be a long and difficult road, and frankly not worth the emotional stress that it will put you under. Simply move out, find a place of your own, start your new life and try to move forward. Then when one year has passed, file your papers and it will be quick and easy.

 

Good luck to you,

Kimberly

Customer: replied 5 years ago.
I stated this incorrectly, we are both on the lease, so if I leave and he doesn't pay the rent I will be repsonsible for it.
Expert:  KimberlyLaw replied 5 years ago.

Ok, well that changes the situation considerably.

 

Take a look at the term of the lease and find out when it expires.

Next, go to the landlord independently and tell him your situation. Ask him if he will allow you to get off of the lease. There is no guarantee he will say yes, but if you tell him you are moving out he might agree. That would be great for you.

 

One good thing in your favor is that If you leave now, he will still have to pay the ENTIRE amount of the rent. The way it works with two people on a residential lease is that BOTH people are 100% liable for the total amount of the rent, so this means that the landlord can sue either person for the full amount.

 

Now, this means that if you leave, and he wants to stay, he will have to pay the rent or he will be kicked out. The only risk that you have in this situation is that if he doesn't pay his rent and ends up having a law suit filed against him by the landlord, you will be named as well, and will have to go to court and tell the judge your situation. This could end up on your credit history, but I think that your odds are pretty good for avoiding that in your case, as long as you make sure that you show up for court.

 

When you speak with the landlord, give him your new address, that way he will inform you if there is any legal action. Go to the court hearing and bring copies of all your payments made towards the rent for all the months that you paid. That should be more than enough for the judge to be wiling to hold HIM responsible for making the rent payments for the remainder of the lease,especially if you can prove that you don't live there anymore.

 

Again, to avoid all that and to avoid any trouble with your credit, you should talk to the landlord first. Make it clear that YOU have made all those payments and that you won't be living there anymore.

 

I hope this helps!

Kimberly

KimberlyLaw, Attorney
Category: Legal
Satisfied Customers: 3748
Experience: 10 years of legal experience in various fields of law.
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