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 Ohio, 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 legally responsible for the lease obligations, regardless of their marital status. If only one spouse is named, that spouse would generally be liable for the lease. However, during divorce proceedings, the court may order the division of such debts between the spouses. It is important for spouses to review their lease agreement for any early termination provisions that may allow them to end the lease early. An attorney can provide guidance on how a lease obligation might be treated in a divorce and help negotiate terms with the landlord or address the issue as part of the divorce settlement.