Can my husband legally sign a lease for what he calls his 2nd residence with a female friend if we are still legally married?

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Can my husband legally sign a lease for what he calls his 2nd residence with a female friend if we are still legally married?

My 48 year old husband has had this 28 year old female “good friend”; this has been a difficult 11 months for me. A few days ago he signed a lease on a house with her and stated it is all legal and yet still lives here with me.

Asked on March 17, 2012 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, your husband may sign a lease with his female friend--he is an adult and may enter into legally enforceable leases and contracts; being married does not prevent one from doing so, regardless of  the person's motivations or the affect on a marriage. However, if you should divorce him, one factor which will be considered in the divorce, such as in dividing up debts and obligations (e.g. you would not be held liable for this lease) and in determining support obligations and child custody (if applicable) is his behavior in entering into a lease with his female "friend." If your husband is doing this, you should speak with a family or divorce law attorney to discuss what you would likely receive in a divorce.


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