My wife and I are separating and filing for divorce. We are both on an apartment lease in the Dallas TX area. Our lease is not up until December of 2010. She is saying that she is moving out by July 1, 2010 and leaving the rent and utilities up to me. I can't afford the rent on my salary alone. Do I have any options?
1 Answer from Attorneys
During and after the divorce, you will both remain liable to the apartment for rent, utilities, damage, etc. The divorce court judge does not have the authority to erase your liability to the apartment; after all, they may have only rented the apartment based on one person's credit.
The judge CAN however,allocate the debt between the two of you. If the one that "gets" the debt defaults, that person can be liable to the other person, but most of the time, that right is worthless.
A good family law attorney can explain this to you and hopefully draft a divorce decree that protects you.