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How can I get my soon to be ex husband out and have him pay his part of the rent so I can remain?

How can I get my soon to be ex husband out and have him pay his part of the rent so I can remain?

Full question:

My husband, myself and our 2 year old, are renting a house for $1,400 a month + utilities. We have a 2 year lease, but have been here only one year. We are divorcing (uncontested) and my husband has been emotionally and verbally abusing me and our son for weeks. He no longer comes home till 9:00 at night. He stays out till the morning hours on weekends, and spends no time with the baby. We communicate by text messaging only when necessary. I am in therapy and on medicines. We cannot break the lease and my landlord cannot find another renter, so I am stuck. Neither one of us can afford this on our own. I need to leave here as soon as possible for my emotional sanity and my son's future emotional outlook. How can I get my husband out and have him pay his part of the rent so I can remain, or how can I break this lease?

Category: Divorce
Date: 04/07/2025
State: National

Answer:

Generally, a husband has a right to occupy the marital residence unless there is a restraining order or the court awards exclusive possession of the residence to the wife, who requests possession as part of a separation or divorce action. When spouses separate, a separation agreement may be filed with the court, detailing the terms of the separation and what payments each party will be reponsible for. When a divorce action is filed, a spouse may request a temporary order for financial support until the final divorce decree is entered.

It is possible to terminate a lease early when the landlord has significantly failed to carry out their duties, or by agreement with the landlord. Typically, the landlord will want some form of compensation for agreeing to terminate a lease early.

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.

FAQs

What happens to your money when you get divorced?

During a divorce, marital assets and debts are typically divided between spouses. This includes income, savings, property, and debts incurred during the marriage. Each state has different laws regarding property division, often following equitable distribution principles, meaning assets are divided fairly but not necessarily equally. It's important to document all financial information and seek legal advice to understand your rights and obligations regarding finances during the divorce process.

Who suffers most financially in divorce?

Financial strain during divorce can affect both spouses, but studies show that women often face greater financial challenges, especially if they have primary custody of children. They may experience a significant drop in household income and face difficulties in maintaining their standard of living. Men may also face financial burdens, particularly if they are responsible for alimony or child support. Each situation is unique, and financial outcomes depend on various factors, including income, assets, and custody arrangements.

What happens if husband and wife live separately?

If spouses live separately, it may impact their financial responsibilities and legal obligations. In some states, separation can affect property division and spousal support during divorce proceedings. It's important to document any agreements regarding finances, living arrangements, and child custody. A legal separation agreement can clarify these issues and may be beneficial for both parties as they navigate the divorce process.

How to deal with divorce when you don't want it?

Dealing with an unwanted divorce can be emotionally challenging. It's crucial to seek support from friends, family, or a therapist to process your feelings. Consider discussing your concerns with your spouse to explore the possibility of reconciliation. If divorce proceeds, focus on understanding your legal rights and obligations, and seek legal counsel to navigate the process effectively. Remember, prioritizing your emotional well-being and that of any children involved is essential.

How do you separate finances before divorce?

Separating finances before a divorce involves documenting all assets, debts, and income. Open individual bank accounts if you haven't already, and begin to separate shared expenses. It's also wise to create a budget that reflects your new financial reality. Communicate with your spouse about financial responsibilities during the separation. Consulting a financial advisor or attorney can provide guidance on managing finances effectively during this transition.

What happens to finances when you get divorced?

During divorce, finances are assessed to divide marital assets and debts. This includes income, properties, and any debts incurred during the marriage. Courts typically aim for an equitable distribution, which means assets are divided fairly based on various factors, including each spouse's financial situation and contributions to the marriage. Spousal support or alimony may also be considered, depending on the circumstances. It's advisable to consult with a legal professional for personalized guidance.