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My Spouse And I Rent In Brooklyn. Can I Move Out Before The Lease Is Up And Then File For Divorce?

There is certainly no law preventing you from moving out of your apartment before your lease is up, and before you file for divorce, but if you’re considering ending your marriage and living on your own, you should think through the possible financial ramifications of the actions you take now.

If you and your spouse are both on the lease to your home, your landlord is empowered to come after you for rent, even if you’ve moved out.

If your spouse stops paying the rent on the “shared” home, you may find yourself paying for two dwellings, or even facing a lawsuit from your landlord to recover the unpaid rent.

Any property you leave behind may also be in danger of being sold or destroyed. Even if things seem relatively calm between you and your spouse, feelings can change rapidly in these situations.

When you’ve filed for divorce, the judge will issue automatic orders designed to protect the status quo in terms of finances and property.

Without these protections, your options for recovering the property or their value are limited.

The attorneys at Zelenitz, Shapiro & D’Agostino help people in Brooklyn take smart steps when they’re considering divorce.

Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce lawyer.

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