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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 Wisconsin, which is a community property state, both spouses may be held responsible for lease payments during a divorce, even if only one spouse is named on the residential lease agreement. This is because, in community property states, debts incurred during the marriage are typically considered the responsibility of both spouses. When contemplating or proceeding with a divorce, it is important for spouses to review their lease agreement to understand their obligations. The lease may contain provisions for early termination, which could be beneficial if the spouses are looking to end the lease early. It is advisable for spouses to consult with an attorney to understand their rights and obligations under the lease and how it may be affected by the divorce proceedings.

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Divorce

breaking a lease during divorce

Individual & Family Legal Plan

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Wisconsin State Code

Divorce

breaking a lease during divorce

Wisconsin State Code

Articles