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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116815
Experience:  Attorney with over 24 years experience.
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OK, is he liable debt if he is not on the lease agreement

Customer Question

OK, is he liable for the debt if he is not on the lease agreement but married to the person on the agreement? Can I file suit against both of them even though he is not on the lease? Can I add him to the suit because the hearing hasn't happened yet for the debt. The first hearing was just rewarding possession of the property.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even if he is not on the lease, if this is the marital home and he is residing there, he can be sued for the time he is living there if rent is not paid or money is due. However, if the money due is from prior to him residing there (he had an oral lease) you could not hold him liable. So it all depends on when the debt was created as to whether or not he can be named in the suit.