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 tenant will be individually fully responsible for the total amount of the rent due to the landlord, unless the lease specifically states otherwise. While it is possible to seek contribution to rent through the court, the wife's obligations in regard to the debt may be altered by the divorce decree.
Your question didn't specify what was requested in the divorce petition in regard to community debts. Generally, the court will determine how to assign community debts under equitable principles of fairness, taking all the facts and circumstances into account. If the court makes your wife responsible to pay all or part of the rent payments, then you may enforce the property distribution order in court if she fails to uphold the order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
