Abandonment of Lease in Divorce/Separation

[Sparkle52682]

Hello,

I have a friend currently going through a separation/divorce. The spouses are both listed on their lease agreement. The management company will not remove the husband from the lease without his signature, which he does not want to relinquish his rights. However, the wife is trying to nail him with abandonment of the lease because he moved out as she requested. Can she in fact get him with this when she does not want him there and has called the police on him. He has 2 children that live there with her. If he doesn't sleep over at the condo for 30 days can he in fact be charged in the divorce proceedings as abandoning the lease? The reason I ask is because this is what the cops have told him, but how can he be charged with that if they are separated (no legal docs filed) and proceeding with divorce. Also, could she get him for abandoning the children as well? He sees them every weekend as per their verbal agreement because she lives close to their school and they don't want to disturb the children's schooling. He is in a tough position, unemployed and no money for an attorney at the moment. Please help!!

 

[fredrikklaw]

More Like Abandoning Common Sense!

Nonsensical, vindictive, irrelevant, misguided, phony baloney clap trap is the best way to describe the lines your friend has been fed by the police and the soon-to-be ex-wife and he should not fret over this "lease abandonment" fairy tale for one second.

Divorce courts will neither consider nor pass judgment on what is for all intents and purposes a Property Law question, and by the same token, the police will neither consider nor do they have any jurisdiction to "charge" someone with abandoning a simple lease agreement which is after all only a civil matter. The family court however, can make a decree as to who gets to stay in the apartment with the kids and who leaves in the context of the divorce proceedings and the sheriff or the cops can enforce the order, but that will be the extent of their involvement in the matter.

I understand that divorces can sometimes be quite messy affairs with spouses going at it tooth and nail, but what never ceases to amaze and irritate me is the police actually wasting time and resources to respond to a domestic call for lease abandonment.

But anyways, he is fine as far as this little gem of a claim against him is concerned.

fredrikklaw

 

[army judge]

fredrikklaw, as usual, an excellent answer.
I concur wholeheartedly with your recommendations and advice.

 

[Sparkle52682]

Thanks so very much for the help. I thought I was correct in what I was telling him but not sure as I used to be a paralegal in North Carolina but New Jersey laws are very different. You are providing essential information to people and it is appreciated as he is unemployed at the time and can find no legal help!