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 South Carolina, which is not a community property state but rather a common law state, the liability for a residential lease during a divorce generally depends on whose name is 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, typically only that spouse would be legally responsible for the lease. 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 payment accordingly. Spouses should review their lease for any early termination provisions, 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 regarding residential leases in the context of a divorce in South Carolina.