For example, let’s say Jameson and Ashleigh, both 42, moved in together about six months ago after dating for two years. They got a bigger place when they decided to cohabitate and were both paying the rent, but Jameson signed the lease solely in his name because he had better credit than Ashleigh.
Unfortunately, Ashleigh recently ended the relationship and moved out, telling him she’d no longer contribute to the rent because Jameson has a good job and can afford it. While he can cover the costs, however, doing so would be a big financial burden and leave him unable to save as much as he’d prefer.
Now Jameson is wondering whether Ashleigh is acting fairly and what legal options, if any, he has to make her pay her fair share, at least until the lease ends. Sadly for Jameson, lawyers say his options may be limited.
Ashleigh may have no legal obligation to pay
While Jameson may believe it’s fair for Ashleigh to keep paying since they made the commitment together, he may have no way to make her do that.
“Unmarried couples don’t get the rules that apply in a divorce, so the lease and any written agreement carry most of the weight,” Jean Brown, a San Antonio family lawyer at Jean Brown Law, told Moneywise.
Unfortunately for Jameson, the lease lists only his name, and that undermines his argument that Ashleigh should pay.
“If only your name is on the lease, then only you are responsible for obligations under the lease,” Christy Hertz, managing partner of Hertz Sager, told Moneywise. This may not seem fair, but it’s the law, and if Jameson really wanted to make sure Ashleigh would have to contribute, he should have insisted that she put her name on the lease as well.
Jameson may have one card to play
While experts agree that the lease alone determines Ashleigh’s obligations to the landlord, Hertz offered Jameson one ray of hope.
“You still may have legal options if you and your ex had a separate written agreement regarding the liability for the rent,” Hertz said. “You may be able to pursue a civil claim against them.” However, she also warned that “verbal agreements for the sharing of rent are not enforceable because all agreements related to real estate must be in writing under the Statute of Frauds.”
Brown suggested reviewing the couple’s correspondence to see whether any written agreement exists that Jameson could enforce, or at least use as leverage. “Between the couple, it depends on what they agreed to, and a text or email about splitting rent can matter,” she said.
