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 Kansas, which is a common law state and not a community property state, the liability for a residential lease in the event of a divorce typically depends on whose name(s) appear on the lease agreement. If both spouses are named as tenants, they are both legally responsible for the lease obligations, regardless of their marital status. However, if only one spouse is named, that spouse would generally be the one liable for the lease. It is important for spouses to review their lease agreement to understand the terms, including any early termination provisions. Such provisions might allow for ending the lease early, potentially subject to penalties or specific conditions outlined in the lease. In a divorce situation, the division of property and debts, including lease obligations, will be determined according to Kansas law, which may involve equitable distribution rather than community property rules. Spouses may also negotiate the division of lease responsibilities in their divorce settlement. Consulting with an attorney can provide guidance tailored to the specific circumstances of the divorce and lease situation.