Legal Question in Landlord & Tenant Law in Iowa

Tenants Divorcing

The tenants living in my rental property are divorcing. Both want to buy the house at the end of the lease (there was a lease option on the property). Who gets to buy the house? Also, the man has moved out. He wants his name off the lease and the lease terminated. His attorney said that the lease needs to be terminated (since the man moved out) and a new one created with only the woman on it. The woman's attorney says that the lease cannot be terminated until the divorce is final, which obviously will be a few months later. Which attorney is correct? Please help. Thanks.


Asked on 12/15/06, 12:08 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Tenants Divorcing

Until you become a named party in an ancillary proceeding , you can enforce the lease vs either or both through end of the lease.I would need to review agreement to advise on buy-out option, but divorce proceeding will likely treat that as a asset of the parties to be allocated to one or the other (assuming no default or breach.) Call or email for further assistance.

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Answered on 12/15/06, 12:27 pm


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