How to Get an Ex-Husband Off a Rental Agreement
A rental agreement becomes a part of the divorce settlement if both you and your ex-husband are listed as tenants on the lease. Getting your ex-husband to agree to allow you to continue with the lease is the first hurdle you face. Because the landlord is also a party in the agreement, you must also convince him to remove your husband from the lease. Your divorce attorney is a valuable resource in drafting the divorce-settlement agreement to set the stage for changing the rental lease so it is only in your name.
Instructions
- 1
Include provisions regarding the rental lease into your divorce-settlement proposal. Work with your lawyer to request that the lease be changed to only your name. When your ex-husband signs the agreement, he essentially transfers the rights of the lease over to you.
2Get a copy of the signed divorce agreement and review your copy of the rental agreement so you understand the provisions of the lease.
3Meet with the landlord to discuss your desire to have your ex-husband's name removed from the lease. Show the divorce-settlement papers that indicate you and your ex-spouse agree to transfer the lease to you.
4Discuss with the landlord any other changes that might occur because of changing the tenants listed on the lease. For example, you may lose privileges such as rent control when the rental agreement is changed. Understand all of the implications of changing the named tenants on the lease.
5Add a "hold-harmless" clause to your rental lease if the landlord won't remove your ex-husband's name. This means he won't be held liable for damages or back rent if you incur such expenses.
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