Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it. What do I or does he have to do to remove his name from the lease?
A:
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your name only.
Check with domestic relations counsel before you do anything.
Jack
Steven Warren Smollens agrees with this answer
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