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 Maryland, 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. It is important to determine if both spouses are named as tenants, as this will affect their individual liabilities. If both are named, they are typically jointly and severally liable for the lease obligations. Maryland law does not automatically hold one spouse responsible for the lease obligations if they are not named in the lease agreement. Regarding early termination of the lease, spouses should look for any clauses in the lease that allow for termination before the lease term ends. Such provisions may include penalties or specific conditions under which early termination is allowed. It is advisable for spouses to negotiate with the landlord or seek the assistance of an attorney to understand their rights and obligations under the lease and explore the possibility of an amicable agreement to terminate the lease early if that is in their interest.