A Planned Escape...

I am happy for you that you have found an escape!!

I do not have any experience with divorce things, but I had a couple ideas. As far as the house, I would think you could call and meet with your landlord to discuss this. If they are a good landlord, they will understand your situation and that you are moving out. If you aren't living there, then you shouldn't be on the lease!

For the car, would it be possible for you to refinance with only your name? Call the company it is financed through and ask. When I bought my truck, my husband was deployed. I wasn't able to sign on my own, so my dad co-signed with me. When my husband came home the next day, we went to the bank & refinanced through them with only my husband and I on the lease. However, I don't remember if my dad had to sign anything or not, since he was an original signer.

I am sure someone else out there has gone through this and can give you better ideas!

Good luck! And congratulations on your upcoming freedom!!

First of all....GOOD FOR YOU!!!

Second, you should be able to be released from the lease with the OOP papers. I was released from mine without having to pay for the rest of the lease or any kind of early termination because I showed my OOP papers and told the landlord that my ex was moving back and had sent me text messages saying he knew where I lived, including the name of the street.

Third, if the car is financed, you are both financially responsible for it unless it is refinanced after a divorce is finalized. Arizona is a community property state and even if his name was removed, he could still be collected from. The family court can create a binding agreement between the two of you that you will be responsible for the payments, but that agreement does not affect the original contract or the lender. The lender can still collect from either of you even after debt is awarded in the divorce. If you don't pay, his credit will be affected and he can get a judgment against you to recoup his expenses if he makes the payments on your behalf. The easiest thing to do might be to refinance or replace the vehicle after the divorce.

You will be in my prayers. God Bless you and your son,.

The Fresh Start Women's Foundation is a great resource:
www.wehelpwomen.com
They offer resources for legal help as well as counselling and other support.

The car you would have to refinance and as for the lease if you have a good/understanding landlord show him the order of protection and he can remove you if your husband makes enough money on his own to make the payments. Good luck!