Select your state

Divorce

breaking a lease during divorce

Spouses contemplating or proceeding with a divorce who have a residential lease obligation should read the lease agreement to determine if both spouses are named as tenants, and whether there are early termination provisions that may be available—if the spouses are interested in early termination of the lease.

If the spouses live in a community property state (as opposed to a common law state), both spouses may be liable for the lease payments even if both spouses are not named as tenants in the lease agreement. Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

In Alaska, which is a community property state, both spouses may be held responsible for lease obligations incurred during the marriage, regardless of whether both names appear on the lease agreement. When contemplating or proceeding with a divorce, it is important for spouses to review their residential lease agreement to understand their rights and obligations. The lease may contain early termination provisions that could be beneficial if the spouses are looking to end the lease early. In the absence of such provisions, both parties may still be liable for the lease payments until the lease term expires or until they come to an agreement with the landlord. It is advisable for spouses to consult with an attorney to navigate the complexities of lease obligations in the context of divorce in Alaska.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Divorce

breaking a lease during divorce

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Alaska State Code

Alaska State Code

Divorce

breaking a lease during divorce

Articles