Can my husband represent me in court for a case pertaining to a lease agreement?
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Can my husband represent me in court for a case pertaining to a lease agreement?
I may have to appear in court very soon to settle a dispute with my landlord and 2 roommates. In the middle of this lease agreement I was married. My husband was not on the lease and I moved out. I was told that since we got married that he inherits my past debt and any other debt moving forward. I understand this to mean that if there were judgment made against me that my husband would be held just as responsible as myself to pay this debt. My question is in 2 parts. First is the above statement accurate? And second if he is held legally obligated on this debt can he then represent me in court? My reasoning being that if the debt were to become his own that he would in effect be defending himself as well.
Asked on March 5, 2012 under Real Estate Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well first of all if there is a judgement rendered agaist you only then the creditor can not collect fro your husband. However, understand that joint assets can be effected like a levy on a joint bank account, joint tax return, etc., so it does in reality effect him too. Can he represent you? Yes, if you give him permission and that will depend what the court wants: a letter, Power of Attorney, etc. Good luck.
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