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 North Dakota, which is a common law state and not a community property state, the liability for a residential lease during a divorce typically depends on whose name(s) appear on the lease agreement. If both spouses are named as tenants, they are both responsible for the lease obligations. If only one spouse is named, that spouse would generally be liable for the lease. However, during divorce proceedings, the court may consider the lease obligation and make a determination on responsibility as part of the division of debts. Spouses should review their lease for any early termination provisions, which may allow them to end the lease early, potentially reducing the financial burden during the divorce process. It's important to note that the specific terms of the lease and state law will govern the situation, and consulting with an attorney can provide guidance tailored to the individual circumstances of the divorce.