How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
12711280
Type Your Legal Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

My wife and I are on a lease renting an apartment may 23 rd

Customer Question

My wife and I are on a lease renting an apartment may 23 rd will be our 1 year anniversary. If we get divorced and I want to stay in the apartment, and she leaves since were not breaking the lease and we are both on it as a married couple. Will she be responsible for 1/2 the rent to me I I stay till lease end? Thank you very much. Oh We live in Clearwater Florida.
marc
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
Interesting question. Contractually, she will be responsible for half of the lease payments to the leasing entity. That said, if you divorce and this goes through the court system, the court will retain the ability to order the payments on the lease as it sees fit. In most cases, if a male stays in the marital home (in this case your apartment) he will be responsible for the entirety of the rent every month. The court will look at your assets, finances, earning ability, etc. The court may offset in some way what you may owe for alimony relative to the lease amount or agreement, but it will most assuredly address that issue. The chances of you making it through the divorce proceedings and being allowed to stay in the apartment are decent. However, there is virtually zero chance that the liability for the lease will remain 50/50. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars). Best wishes!
Customer: replied 1 year ago.
My wife makes almost $70,000 a year I make around 50,000 I would like to stay in the apartment but if we have to go through the courts if it cost both of us a lot of money that we don't need to spend what would you recommend
Customer: replied 1 year ago.
We only have what a sets we both brought into the marriage. If I stay there what your saying and we don't go to court just do the paperwork online. She WOULD Be Responsible FOR HALF Rent ? Thank you Marc
Expert:  Delta-Lawyer replied 1 year ago.
Yes, if you can agree that you will be responsible for half of the rent, then the court has to accept that as your way of doing things and will sign off on it. If this point is contested, then the court will likely make you guys pay for your own housing. That said, if you and your wife agree to this arrangement, the court will sign off on it without a doubt.
Customer: replied 1 year ago.
Ok thank you very much for your help. You have been very helpful although.
Marc Friedman
Expert:  Delta-Lawyer replied 1 year ago.
I appreciate it, Marc. Please don't forget to rate my answer positively on the ratings interface on your end. That is how I receive credit for my work here.
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions, Marc? Thanks
Customer: replied 1 year ago.
Thank you for your help. It gave some insight as to which road to take next.
Expert:  Delta-Lawyer replied 1 year ago.
No worries. Let me know if something else comes up and please don't forget to rate my answer positively on the ratings interface. Thanks!
Customer: replied 1 year ago.
One more question. Lol. We were married 5/23/15. Looks like we're moving ahead with divorse we live in Clearwater Fl. Am I entitled to half of her 401k / retirement contributions plus half of her employer match for the year we have been married ?
Customer: replied 1 year ago.
We bought a new car together last November. We owe about $7,000 more on it than its worth. What would the courts make us do if we went to court? Thank you
Expert:  Delta-Lawyer replied 1 year ago.
Am I entitled to half of her 401k / retirement contributions plus half of her employer match for the year we have been married ? Probably not. When a marriage lasts less than one year, or even slightly over, there is rarely a division of these types of assets. Moreover, there is rarely even alimony assigned by the court. What would the courts make us do if we went to court? The court will likely assign the car to one person and that person will be responsible for the payments on the vehicle. That said, there will likely be an offset somewhere else (like if you get the apartment, she gets the car). Let me know if there is anything else and please rate my answer positively as well (THREE OR MORE STARS). Thanks
Customer: replied 1 year ago.
Thank you very much. We're going to live together till Aug then I will move out. I traded in my old car when bought the new one. She g as a car and the intention was initially that it was my car. So i will keep it. With florida being a community prop state even at 1 year they would not award anyone anything monetary?

Related Legal Questions