Once you have signed the lease, your right to live in the house becomes a marital asset. If you separate later, the “inheritance tax” must be divided like any other patrimony, unless it expires before the divorce is final. If your spouse is allowed to keep the house, they should negotiate a new lease as soon as possible. To protect yourself until then, negotiate an agreement that seems to you to be responsible in the rental agreement. You must also decide on the distribution of the deposit. Even if your name is not on the lease, you can still take responsibility for being a tenant. This means that you don`t need to get your spouse`s agreement to do something that is normally related to maintaining the lease. For example, you are entitled to: if you live in a state of co-ownership, all debts incurred by your spouse during the marriage normally become your debt, even if you do not sign anything. If your spouse is the only name on the lease and it disappears due to a three-month rent, the landlord may be able to sue you over the money. If you divorce and your spouse agrees to take full responsibility for the debt, the landlord can always try to pay you off if they think it`s easier. In the case of a rental agreement, the rent is paid over a specified period of time and should not be criticized if it is concluded that such an agreement is a credit agreement. This applies in particular to the exclusive interpretation of the definition of a `consumer` – a tenant under a lease agreement – and a `credit provider` – an owner under a lease agreement – within the meaning of Section 1 of the National Credit Act. However, on a closer look at the National Credit Act, Article 8(2)(b) expressly provides that a lease, whatever its form, is not a credit agreement.
Once you or the court has decided which of you will keep the apartment, you will have to do some papering. Your landlord can remove your ex from the current lease agreement or expire the lease and execute another one with you alone. Maybe they also want to end your current lease and sign a new one with you immediately. Whichever option they choose, you can expect the landlord to return your current deposit and demand a new one that matches the new lease. If you haven`t already paid it back, you should give half of that money to your ex-spouse. The landlord will likely also conduct a credit check and ask for proof of income to make sure you are still eligible to rent the apartment without the help of your former spouse. If you both want to leave, search your lease for an early termination clause. Some leases allow you to free yourself from the deal if you lose a job, divorce, or experience other significant life changes. If you do not have such a clause, reread the lease and see what the penalty is for the violation. Some owners only ask for your deposit.
Others can and will make you responsible for the agreed monthly rents until the term of the lease expires or until they find another tenant. You can save yourself this fate if you sublet the unit or if you find another tenant acceptable to your landlord. As a rule, you can add your husband to your rental agreement without obstacles. Just inform your landlord or manager that you want to. Owners rarely oppose such requests and rarely have the legal authority to reject them. Once you have confirmation from your landlord, gather to fill out the necessary documents to amend the rental agreement.. . .