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 Utah, 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 likely responsible for the lease obligations. Spouses contemplating or proceeding with a divorce should carefully review their lease agreement to understand their individual and joint responsibilities. The lease may contain early termination provisions that could be utilized if both parties agree to terminate the lease early. However, without such provisions, terminating a lease early could result in penalties as outlined in the lease agreement. It is important for each spouse to understand their rights and obligations under the lease, and they may want to consult with an attorney to discuss the best course of action regarding their lease obligations during the divorce process.