[atmywittsend]

So here goes; about 3 or 4 months ago my husband and I separated. I moved back in with my parents and he stayed at the apt. Since then he has been complaining about how he cannot afford to pay all the bills and rent alone. I helped out a little the first month, but have not after that. Fortunately our landlord is an old friend of my mother's. We alerted him to the situation and he was willing to help out. He will let my husband out of the lease and he can move out and I can stay there with my daughter. OR, he will let me off the lease and my husband can stay there and continue to pay the rent. HE REFUSED! Instead of jumping at this opportunity, like any sane person would, he wants to keep me on the lease. He wants to keep the apartment. The reason for this is so that he can take me to court for back rent because my name is on the lease. The LL just wants the rent paid, regardless of which of us lives there. Can my husband take me to court over this? What are my options? How can I get my name off the lease?

[N0help4u]

He wants you to pay rent. Is he paying child support??

[atmywittsend]

NO! It's like pulling teeth just for him to throw me some cash every week, mainly to help pay for day care. Does he have a case? I like the apt. I really do. I've known my LL for a long time, he's great. I don't want to break the lease, but I'm not living with my (soon to be)ex! I would love to be able to move back in (it'll be easy, since he's refused to let me take anything more than my and my daughter's clothes) My LL said he would even lower the rent for me...

[meagank]

Yes your husband can take you to court for this but then again it probley won't hold up if you get a statement from your lanlord stateing that he would take yoiur husband off the lease and he had a option to leave I would get the stetement from the landlord and have it notified just in case he takes you to court so you have something to bacxk you up and then also if you are legiley separated like filed for legal separation it will also depend wt you have agreed to in the separation I would go to your local court house also and ask as this verys from state to state

[N0help4u]

You need to go to child support court and file for child support. If you do have a court order you need to go reinforce it. If you have a yearly lease then you very likely are responsible for your share until he gets a room mate or the lease is up, but with a child support order he would probably still be the one owing you the greater amount.
You have a lot of options depending on what you want. Like divorce and the court would split assets.

[ScottGem]

Did you just move out or did you go to court for a separation agreement? If you just moved out, then he may be able to hold you responsible for your share of the rent. If you legally separated then this would have been part of the separation agreement.

[atmywittsend]

There is no legal separation in the State of Florida. I have to file for divorce. It was either I leave or he leaves; since he wouldn't leave I did. And now he's being spiteful. He knows I want to take him to court for child support so he figures that while we're there he'll ask for back rent. He called the cops on me when I tried to get some of my things; so I can't go into the apt but he expects me to pay the rent?

[N0help4u]

If you have no plans on getting back together with him I would just file for the divorce and the child support.

[atmywittsend]

That's what I'm planning on doing, but in the meantime, my name is on the lease and once we get to court, he'll try to make me pay back rent... how can I avoid this?

[ScottGem]

This is part of the negotiated divorce settlement. Your lawyer will negotiate it with his lawyer. Let your lawyer know what you will and won't agree to.