What to do if my husband decided that after serveral months of marriage it was a mistake but he still lives in the apartment and doesn’t want to pay rent/bills?

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What to do if my husband decided that after serveral months of marriage it was a mistake but he still lives in the apartment and doesn’t want to pay rent/bills?

Can I take him to court? He said he will leave at the end of the month,is he still legally bind to the lease or obligated to pay the rent?

Asked on October 12, 2012 under Family Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are both on the lease, he and you are both obligated individually on that lease. That means if the landlord sues, he can sue either one of you for the total rent due and the other could sue the other for contribution of the half owed. If you are still living together, keep in mind that still means that arguably any monies you earn could be marital assets. Consider getting a clean break, especially if there is not much time left on the lease.


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