Legal Question in Family Law in Alabama

A divorce has no effect on the apartment lease. If both people signed the lease, then either one or both can be held responsible for payment by the landlord.

While the divorce does not have an effect on the contract with the landlord, the terms of the divorce can address responsibility between the parties. The court can order one of the parties to be responsible for the lease payment, and if it is not paid then the other party can file to have that person held in contempt of court. However, that only affects the relationship between the parties to the divorce; it has no effect on the landlord.

If you are in the process of getting a divorce, make sure that your divorce order deals with all of the debts of the marriage. Our office handles Alabama divorce and family law cases. If we can be of assistance, please feel free to give us a call.

Good luck to you.

William L. Pfeifer, Jr.

Attorney at Law

Pfeifer & Jensen, LLC

(800) 737-3702

www.WilliamPfeifer.com

www.PfeiferJensen.com

None. Assuming you have a valid written lease. Someone will still have to pay. Make sure you address this in the divorce. Of course, if the lease is only in one persons name then the other person is not contractually responsible for the lease. A court can order one or both of the parties to make payments, such as in a support situation. If the person ordered does not make these payments they could be held in contempt by the court - but the "leasing company" can only go after the person/s who signed the lease.

Thank you,

Donna Beaulieu, Esq

2166 Highway 31 South.

Pelham, Alabama 35124

www.donnabeaulieu.com

www.phillipbahakellaw.com