Divorce Lawyer Advice: If a Husband Moves Out Who Pays Rent

by Roger Thorne J.D. ; Updated July 27, 2017
When getting a divorce, dividing belongings and financial responsibilities, such as paying rent, is an inevitable step.

Divorcing couples often face common day-to-day issues that get complicated by the divorce. Which spouse is responsible for paying the bills depends on a number of factors, and no two divorces are identical. Only a qualified attorney can give you legal advice about your particular case, so seek a lawyer in your area if you have questions about your divorce or other family law issues.

Divorce Procedures

A divorce starts when a spouse files a divorce petition with a court. The divorce petition typically includes a list of assets and debts owned by either spouse. All such property must be accounted for before the divorce can be granted, and a court must ensure that ownership in all property is clearly divided between the spouses. Couples can usually come to their own agreements about rent or any other property issue without having the court decide the issue for them.

Temporary Orders

Divorces can take a long time. Between the time when the divorce is filed and before the time the court issues its final decree, the court often issues temporary orders or injunctions. These orders limit what each spouse can do with marital property, often ordering both of them to neither destroy, sell or otherwise dispose of any property outside of the normal course of business or day-to-day life. Under such temporary orders, for example, a court can order that the couple continue to pay for rent until the divorce is finalized.

Final Orders

Once the court has accepted the divorce and gone through any procedural requirements imposed by state law, it can issue a final divorce decree that ends the marriage and ensures that all marital property is accounted for. If a couple is renting a house, for example, a court can order that one spouse is entitled to live in the house and the other must pay alimony so the resident spouse can pay rent.

Rental Agreements

The terms of your rental agreement are also very important when determining who is responsible for paying rent. If you and your husband signed a joint lease, both of you have the responsibility to ensure the rent is paid in accordance with the terms of the lease. If only one of you signed the lease, than it is up to that person to ensure the rent is paid. Failure to comply with the terms of the lease can result in both spouses getting evicted.

About the Author

Roger Thorne is an attorney who began freelance writing in 2003. He has written for publications ranging from "MotorHome" magazine to "Cruising World." Thorne specializes in writing for law firms, Web sites, and professionals. He has a Juris Doctor from the University of Kansas.

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