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Divorce Rental Agreement

If both parties have signed the lease, the law requires both parties to continue to pay the rent and obtain the property until the end of the lease, even if one of them moves. If it is clear that some will remain in your property, you can establish a new lease to replace the old one. However, speak to a lawyer before compromising your current lease. Divorces can become chaotic and you must protect your interests if one tenant makes claims against the other. Some states have “Early Out” clauses in leases for which you can automatically opt out of your tenancy agreement with a two-month rent. Read your rental agreement. If you both want to leave, check your lease for an early termination clause. Some leases allow you to opt out of the agreement if you lose a job, divorce or experience other important changes in life. If you do not have such a clause, re-read the lease and see what the penalty is for the break. Some landlords only ask that you fall back on your deposit. Others can and will commit you to pay monthly rents until the end of the rental period or to find another tenant. You can save yourself this spell if you sublet the unit or if your landlord finds another tenant acceptable. Whether you own or lease your principal residence, it is considered marital property and a court has the ability to share that quality in a way that the judge deems appropriate.

This means that, depending on the circumstances of your individual circumstances, a judge may ultimately assign the rental property to either spouse, regardless of the name in which the lease may be located. It is important to note that a judge cannot terminate a lease. This means that you must be prepared to comply with this lease in accordance with the terms of the divorce agreement if you divorce with a considerable amount of time remaining on a particular tenancy agreement. If you and your spouse are able to agree on who will keep the rented property, the process can be simpler and less confusing. It is also important to remember that, in most cases, it is likely that a spouse will have to keep the lease in order to avoid additional legal proceedings to determine liability for the costs of the leased property. Depending on the type of rental agreement you have and if your landlord is a private or social landlord, if the lease is in your ex-partner`s name and he or she is moving, you may be able to continue to pay the rent (to avoid arrears and the threat of eviction). Talk to your landlord about how you put your name in the rental agreement because it offers you more protection. Not all leases are as simple as some might think.

There are often small details that can easily be overlooked by people who have no experience in sharing property and don`t know exactly what to pay attention to. A family lawyer, who has experience in sharing property during divorce, can help navigate the leases and facilitate the transition from ownership to a spouse.

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