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Does filing a legal separation or divorce allow a spouse to…

Does filing a legal...

Does filing a legal separation or divorce allow a spouse to get out of an apartment lease that they co-rent with their spouse?

Lawyer's Assistant: What steps have they taken? Have they filed any papers in family court?

Not yet

Lawyer's Assistant: Family law varies by state. What state are they in?

Texas

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Okay thank you

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Answered in 3 minutes by:
7/11/2018
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 2,251
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you.

No, filing a legal separation or divorce does not get someone out of the apartment lease since the landlord has the agreement with each party and therefore can go after both parties if the lease goes unpaid. While the divorce/separation may change the legal standing of the married couple vis-a-vis each other, it would not change the legal standing in relation to the landlord.

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Thelawman2
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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