Full question:
I was married in April, 2007. On late February 19, 2008, upon arriving at our shared apartment, much to my dismay and surprise, my wife informed me that she wanted a divorce. She has subsequently moved out of the apartment (March 1st) and since then, has served me with divorce papers (March 15th). Prior to the divorce, we had both signed the lease on the apartment (together) for one year in August, 2007. We have mutually resolved all of the property issues (as stated in the petition) except the debt incurred for the remaining months of the apartment lease (which is not stated in the petition). <br/> My question is, since she moved out unexpectedly, and both of our names are on the lease, is she responsible to pay half of the remaining lease obligation? There is a paragraph in the Arizona divorce papers with regard to Community Debts, which says _Order each party to pay community debts as requested in the Petition and to personally pay any other community debts unknown to the other party..._ Can I sign the petition, ( which is then finalized by the courts) then take her to civil court to pay on the lease?
- Category: Divorce
- Date:
- State: Arizona
Answer:
If two tenants are listed on the lease, each is fully responsible for the total rent due to the landlord unless the lease states otherwise. You can seek contribution for rent through the court, but your wife's obligations may change based on the divorce decree. The divorce petition's specifics regarding community debts are crucial. Generally, the court assigns community debts fairly, considering all circumstances. If the court orders your wife to pay part or all of the rent, you can enforce that order in court if she fails to comply.
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