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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 Illinois, which is not a community property state but rather an equitable distribution state, spouses contemplating or proceeding with a divorce should carefully review their residential lease agreement to understand their obligations. If both spouses are named as tenants on the lease, they are typically both responsible for the lease terms and payments. However, if only one spouse is named, the named spouse would generally be liable for the lease. It is important to look for any early termination provisions in the lease that might allow for ending the lease early. In the event of a divorce, the court may determine the responsibility for the lease payments during the division of assets and debts. An attorney can provide guidance on how a lease obligation might be handled in a divorce proceeding in Illinois.

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Divorce

breaking a lease during divorce

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

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Divorce

breaking a lease during divorce

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