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Stephanie William | kellywilson

Advice from a lawyer about divorce: If the husband moves out of the house, which should pay the rent?

Feb 17th 2015 at 2:51 AM

Only a qualified lawyer can give you legal advice about your particular case, so find an attorney in your area if you have specific questions about your divorce or other family law matters.

Divorce proceedings

The divorce begins when one spouse files for a divorce before a tribunal. This request usually includes a list of assets and debts on the property that either spouse has. All these goods should be taken into account before the divorce is granted, and the court must ensure that all property is clearly divided between them. Couples usually reach their own agreements with respect to income or any other matter concerning the property without the court has to decide for them.

Temporary Orders

Divorces can be time consuming. Between the time the divorce is filed and the court of final judgment, often provisional orders or injunctions are issued. These orders to limit what each spouse can do with marital property, requires that none of them can destroy, sell or dispose of any property outside the normal course of business or life every day. Under such orders temporary, for example, a court may order that the couple continues to pay rent until the divorce is final.

Final Orders

Once the court has accepted the divorce and passed through the procedural requirements imposed by state law, may issue a decree of divorce to end the marriage and consider all marital property. If a couple is renting a house, for example, the court may order that one spouse has the right to live in the house and the other must pay alimony to a spouse resident can pay the rent.


The terms of your lease are also very important to determine who is responsible for paying the rent. If you and your husband signed a lease together, both have a responsibility to ensure the payment of rent under the terms of the lease. If only one signed the contract, that person is responsible for ensuring payment of rent. Failure to comply with the terms of the contract may lead to eviction of both spouses.

A McHenry County law firm serving divorce lawyers Crystal Lake, Lake in the Hills, Algonquin, Huntley, and surrounding areas.

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