My Wife and I are Separated and my Name is on our Rental Contract, How do I Remove it?
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Summary
As of right now, my wife and I are separated (not legally, however). My wife’s name and my name are both on the contract. I’ve asked my mother-in-law to take my name off the contract since I’m not living there anymore. Also, I’ve tried to give a 30 day notice as well, but to no avail. Does she have a right to keep my name on the contract even though I’m not living there anymore? |
“My wife and I are renting a house from my mother-in-law. As of right now, my wife and I are separated (not legally, however). My wife’s name and my name are both on the contract. I’ve asked my mother-in-law to take my name off the contract since I’m not living there anymore. Also, I’ve tried to give a 30 day notice as well, but to no avail. Does she have a right to keep my name on the contract even though I’m not living there anymore? Our rent is $900.00 and I’ve been paying half of that since November of last year. Also, she said she would remove my name only if I get a divorce. Can she do that? Thank you for taking the time to read this.
P.S. We live in California.”
It depends on the terms of the contract. If you have a lease for a stated period of time (6 months, 1 year, etc.), then you’re probably stuck until that time runs out. You generally don’t have the right to break a lease unless the landlord breaches the contract first. However, once the stated time period runs out, your obligation to pay rent ends, too.
If you have a month-to-month rental agreement, however, then you can terminate it by giving 30 days’ notice, as you did. The owner doesn’t have the option to not accept the notice, and your obligation to pay rent ends at the end of the 30 days.
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For more on this subject check out these categories: Family Law, Finances
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.