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 Arizona, which is a community property state, both spouses may be held responsible for lease obligations incurred during the marriage, regardless of whether both names are on the lease agreement. When contemplating or proceeding with a divorce, it is important for spouses to review their residential lease to understand their individual and joint liabilities. The lease should be checked for clauses that pertain to both parties as tenants and for any early termination provisions that might be utilized. In the event of a divorce, the responsibility for the lease payments may still be shared between the spouses due to Arizona's community property laws, which dictate that most debts incurred during the marriage are the responsibility of both parties. Therefore, even if only one spouse is named on the lease, the other may still be liable for lease payments. It is advisable for spouses in this situation to consult with an attorney to understand their rights and obligations and to explore the best course of action regarding their lease during a divorce.