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Getting a Divorce While Renting

The housing market is highly volatile, and several couples have decided on making rental agreements for accommodation. Home prices are not affordable to lots of couples. Until they have stabilized their finances and built their own homes, these rental houses are the right choice. Having rental accommodation is easy for married couples. They must also secure a tenant estoppel certificate. But, what will happen when they think of filing a divorce. Let us discuss the controversial topic of divorce and rental lease.

Tenancy Rights for Divorcing Couples

As you live in a rental house with your spouse and you have filed a divorce case, you must learn about the tenancy rights. Between verbal and written agreements, the latter is the better option. Both tenants and landlords must have a written copy that reveals the terms. When it is a month-to-month lease, and couples like to move out, the lease can be ended very easily. On the contrary, a long-term agreement covering more than a year can cause conflicts. Landlords mostly do not raise a question when one spouse has left the house.

Who Gets The Rented House In A Divorce?

As you and your spouse have thought of getting divorced, both of you like to live separately. But, a rental lease makes the situation more complicated. In most cases, the lease mentions both spouses. Thus, both can claim the rented house, and both should pay the rent.

Considering a good relationship with your spouse, you can address the minor problems with an agreement. For instance, one of you may choose a relative’s house as a viable accommodation. In the presence of kids, the parent with major childcare responsibility must get the rental house.

It is essential to think of ways how you like to manage your rental payments. Should both of you pay it.? Will the spouse residing in the rental apartment pay the bill? The landlord may also help in removing the name of one spouse from the lease.

The most important thing is that these are temporary arrangements. A lease can last for a year. Based on how and when you have started a divorce filing process, there may be a few months to end the lease. Thus, both of you will get the option of finding a new arrangement for rental accommodation.

Does A Divorce Decree Allow Flexibility For Breaking A Rental Agreement?

A divorce decree always reveals the major groundwork and focuses on several aspects of divorced couples’ lives. However, it has no association with the rental agreement. There is no scope for breaking a rental lease.

In some cases, the divorce decree affects the rights of spouses. But, it will not modify any part of the agreement made between tenants and landlords.

The court can declare that the husband would stay at the rental house and pay the rent. However, the major intention of the landlord is to receive the payment, and he will never bother who will pay it. For any reason, when the husband has stopped paying the bill, the landlord may file the case against both spouses.

What Happens in a Divorce When You Lease or Rent

While staying in a rental house, as you like to go through a divorce, you have to identify the way of managing the rest of the lease. An understanding and considerate landlord will let you out of your rental lease. You will receive a 30-day notice before leaving the house.

What Happens in a Divorce When You Lease or Rent
  • When You Both Want Out

In some situations, both spouses like to leave the rental house. However, they must read their agreements and find the availability of any information regarding early termination. Some leases mention divorce as one of the reasons for breaking the agreement without penalty. But, when there is no clause, you need to learn about the potential penalty.

  • When You Both Want to Stay

Technically, both spouses have the right to reside in the apartment. To solve the conflict, you can talk to professionals dealing with family law. The law court can decide on the right person who will continue staying in the apartment. It will not affect your agreement with the landlord. 

Can I Remove My Husband From My Lease?

There are different ways of removing your husband’s name from your lease.

  • The first one is by having the consent of the spouse. You can then create a new document to cancel the old lease.
  • You may need to show proof of breach and terminate the lease. But, this process may involve a law firm and lawyer.
  • As you have filed a divorce, the decree will state that your spouse has to remove his name from the lease.

Can I Remove My Ex From My Lease?

You have to sign an amendment to the rental property lease. However, when your ex-partner has not agreed to it, you cannot remove him.

Final Thoughts

There are some legal rules regarding divorce and rental leases. Most importantly, your lease can become our marital property, and you have rights to the rental property. However, like other marital properties, the lease has to be divided. Still, you can look for guidance from a legal professional. It will help in solving the problem.

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