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 Massachusetts, which is a common law state and not a community property state, the liability for a residential lease during a divorce generally depends on whose name(s) appear on the lease agreement. If both spouses are named as tenants, they are both likely responsible for the lease obligations. If only one spouse is named, that spouse may be primarily responsible. However, during divorce proceedings, the court may consider the lease obligation as part of the marital debt and decide on the responsibility for the lease payments as part of the divorce settlement. Spouses should review their lease for any early termination clauses, which may allow them to end the lease early, potentially subject to penalties or additional costs. It is advisable for spouses to consult with an attorney to understand their rights and obligations under the lease and how it may be treated in the divorce process.