Apartment lease

[Lleu]

What is the name of your state (only U.S. law)? Arizona

My wife and I are discussing the possibility of divorcing. Everything is agreed upon but we were wondering if there are any laws pertaining to what happens to our apartment lease. neither of us can afford the apartment alone. Is there some sort of clause that will get us out of our lease? I know that this could easily be solved through asking the on-site management but we haven't 100% decided to divorce and are seeking counseling. We'd rather not talk to them about it until we are sure that divorce is the only course of action.

 

[Farfalla]

What is the name of your state (only U.S. law)? Arizona

My wife and I are discussing the possibility of divorcing. Everything is agreed upon but we were wondering if there are any laws pertaining to what happens to our apartment lease. neither of us can afford the apartment alone. Is there some sort of clause that will get us out of our lease? I know that this could easily be solved through asking the on-site management but we haven't 100% decided to divorce and are seeking counseling. We'd rather not talk to them about it until we are sure that divorce is the only course of action.

What does the lease say about you breaking it? When is the lease up? Divorce does not desolve your obligation to the lease holder.

For example in 2000 we rented an apartment while our house was built. We had to sign a 1 year lease but only needed the place for 4 months. There was a clause that said if we broke the lease we had to pay the last month and one month penalty.

If there is no such clause than plan to separate on the day your lease is up.

 

[JETX]

Is there some sort of clause that will get us out of our lease?

Of course, there could be such a clause... but it would be very unusual and something that you would have had to negotiate at the time of signing.
I suggest you consider the costs of breaching the lease in your dissolution.

 

[majomom1]

What is the name of your state (only U.S. law)? Arizona

My wife and I are discussing the possibility of divorcing. Everything is agreed upon but we were wondering if there are any laws pertaining to what happens to our apartment lease. neither of us can afford the apartment alone. Is there some sort of clause that will get us out of our lease? I know that this could easily be solved through asking the on-site management but we haven't 100% decided to divorce and are seeking counseling. We'd rather not talk to them about it until we are sure that divorce is the only course of action.

Depending upon how long you have lived there, it might take longer than what is left on the lease, to get through the counseling and court system. So, if you are still on speaking terms, which it sounds like you are, then just ride it out.

Other options: some apartments may agree to let you out of the lease, in special circumstances. Or possibly you could find a new tenant. Typically if they get their money, they are happy and will work something out.

 

[Lleu]

Thanks for the quick answers everyone. We've got about 8 months left on the lease. I think majomom has it right about the counseling and court taking longer then the lease. Yes we're still on speaking terms. Heck, we still consider each other friends. But the reasons we got married have been lost I guess.

We're taking steps right now to make sure the should we get divorced it goes smoothly. We're separating our finances and have discussed who gets what. We'll share custody of our daughter but she'll live with my wife because my wife can provide a better support system then I can. Child support is the only issue we haven't talked about. I don't think that it will be a sticking point though since after my bill are paid and emergency money is set aside I will give my daughter everything I have.

Again, thanks for the answers!

 

[MFinancier]

What is the name of your state (only U.S. law)? Arizona

My wife and I are discussing the possibility of divorcing. Everything is agreed upon but we were wondering if there are any laws pertaining to what happens to our apartment lease. neither of us can afford the apartment alone. Is there some sort of clause that will get us out of our lease? I know that this could easily be solved through asking the on-site management but we haven't 100% decided to divorce and are seeking counseling. We'd rather not talk to them about it until we are sure that divorce is the only course of action.

Just to make it clear...your landlord is not a party to any potential divorce and there are no laws that would abrogate your lease due to a divorce. A lease or leasehold could be considered marital property however...and the cost of breaking one would be considered a joint marital expense....just as the benefit of a subsidized rent controlled lease could be considered joint as well..if the lease was obtained during the marriage.

 

[majomom1]

Thanks for the quick answers everyone. We've got about 8 months left on the lease. I think majomom has it right about the counseling and court taking longer then the lease. Yes we're still on speaking terms. Heck, we still consider each other friends. But the reasons we got married have been lost I guess.

We're taking steps right now to make sure the should we get divorced it goes smoothly. We're separating our finances and have discussed who gets what. We'll share custody of our daughter but she'll live with my wife because my wife can provide a better support system then I can. Child support is the only issue we haven't talked about. I don't think that it will be a sticking point though since after my bill are paid and emergency money is set aside I will give my daughter everything I have.

Again, thanks for the answers!

Good luck to both of you. It sounds like you have a very good plan so far. I would suggest getting CS on the table now, and everything else for that matter. Take a look around the boards here regarding custody. There is some valuable information and you can possibly get a heads up on potential issues and discuss them all now.

Divorce can get very ugly, very quick. The more thought you put into it now the better off you will be later --- and I believe that going through that whole process might even help you realize that it is worth working out the marriage and staying together. If you can negotiate all of this and stay friends - then you can probably work out whatever issues are causing you to consider divorce. At the very least you cover all the bases and get fewer surprises later.

 

[LdiJ]

Good luck to both of you. It sounds like you have a very good plan so far. I would suggest getting CS on the table now, and everything else for that matter. Take a look around the boards here regarding custody. There is some valuable information and you can possibly get a heads up on potential issues and discuss them all now.

Divorce can get very ugly, very quick. The more thought you put into it now the better off you will be later --- and I believe that going through that whole process might even help you realize that it is worth working out the marriage and staying together. If you can negotiate all of this and stay friends - then you can probably work out whatever issues are causing you to consider divorce. At the very least you cover all the bases and get fewer surprises later.

My ex and I ended up being virtual best friends. My relationship with him now is like having another brother. I also know quite a few other people who ended up with similar relationships. So, even though it can get really ugly, really fast, it can also end up being anything but ugly.