Breaking a Lease husband moved out and won't pay rent.
- Thread Starter shorty11
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army judge
Super Moderator
If you don't want to risk being evicted, paying the rent is your best bet.
If this is DIVORCE time, you can consult a local attorney and discuss your options.
A court ordered solution will take time, so that's why you need to make sure you pay the rent to avoid eviction.
A lawyer can also get you emergency child support and spousal maintenance until the divorce is decided.
So, Monday visit three or five divorce lawyers and let them explain your options, rights, and what they can do for you; as well as telling HOW LONG before the court can order him to pay the rent and attach his wages to make sure he does it.
I won't bore you here, other than to say, this can be done without you spending a dollar, or limiting your initial outlay.
The first consultation with a lawyer is normally free of charge and/or obligation.
Proserpina
Moderator
OP's recourse is to pay herself, then sue the husband.
army judge
Super Moderator
That's precisely what I advised her to do.
The other stuff was busy work.
It will take time, but if the rent isn't paid an eviction will surely follow.
Proserpina
Moderator
What I was getting at is that the court won't garnish him for this. Sure, they can find him in contempt and all the fun that goes along with that, but not garnishing him purely for not paying the rent. It's not their debt, they're not party to the matter.
OP, out of interest, have you spoken with the landlord about this?
OP, out of interest, have you spoken with the landlord about this?
Betty3
Well-Known Member
Agree that generally you need to pay full rent so you don't get put out (evicted). You then sue the other person for the rent you paid on their behalf.
army judge
Super Moderator
If divorce is under consideration, the party left holding the bag can bring a divorce action for abandonment.
If children are involved, you bet your sweet bippy, emergency support and temporary spousal maintenance can be obtained.
Some of those divorce lawyers are pit bulls.
If you ever want to see justice in action, sit in a divorce court or family court one morning.
Eye opening and sad all at the same time.
Proserpina
Moderator
Yup, the court can order spousal support and get a garnishment order if he doesn't pay. What they can't do though is garnish him solely because he won't pay the rent.
Even if the court does order him to pay the rent, unless it's actually part of a support order the most they can do is hold him in contempt, fine him and all of that good stuff.
Even if the court does order him to pay the rent, unless it's actually part of a support order the most they can do is hold him in contempt, fine him and all of that good stuff.
army judge
Super Moderator
Of course the court can't do anything to him for owing a debt.
He doesn't owe her the debt, he owes the landlord, they both do.
Funny what people ask about. If it were me, I'd be inquiring about a divorce, not worrying about rent.
Dude ain't coming back.
Time to sever the ties that bind.
I'd talk to the landlord about getting a smaller place.
Sure hope there aren't any kids involved.
Life can be so hard for so many people.
Makes me sad to see all these issues people are facing.
Proserpina
Moderator
Now that I agree with wholeheartedly.
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