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Divorce

breaking a lease during divorce

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 Washington State, which is a community property state, both spouses may be held responsible for lease obligations incurred during the marriage, regardless of whether both names are on the lease agreement. When contemplating or proceeding with a divorce, it is important for spouses to review their residential lease agreement to understand their individual and joint liabilities. The lease should be checked for clauses that pertain to both tenants if they are named, as well as for any early termination provisions that might be utilized. Since Washington follows community property laws, debts acquired during the marriage can be considered the responsibility of both parties, which means that even if only one spouse is named on the lease, the other may still be liable for lease payments in the event of a divorce.

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Divorce

breaking a lease during divorce

Individual & Family Legal Plan

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Washington State Code

Divorce

breaking a lease during divorce

Washington State Code

Articles