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.

West Virginia is not a community property state; it is an equitable distribution state. This means that during a divorce, marital property is divided equitably, but not necessarily equally, between the spouses. When it comes to residential lease obligations in the event of a divorce, if both spouses are named as tenants on the lease agreement, they are both legally responsible for the lease terms and payments. If only one spouse is named, that spouse would typically be liable for the lease. However, the court may consider the lease obligation during the division of debts and assets. It is important for spouses to review their lease agreement for any early termination provisions that may allow them to end the lease early. Such provisions could include penalties or specific conditions under which early termination is allowed. Consulting with an attorney can provide guidance on how to handle the lease during the divorce process and to understand the potential financial obligations for each spouse.