Legal Question in Real Estate Law in California

My roommate and I are co-tennants at an apartment complex in California. I am getting married in a month and would like my husband to be added to the lease, as he is about to ship out to Afghanistan to serve in the Army. My roommate refuses to allow his name on the lease. Does being married give me any legal options to consider?


Asked on 9/08/09, 8:15 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, you can't change the lease unilaterally, and I'm not really clear why it is you want to add him to the lease if he's being shipper overseas and won't be living there.

There is something in the Family Code that says neither spouse can be prevented from entering the dwelling of the other spouse, if that helps; but there is nothing I know that allows a spouse to be added to a lease over the objection of a cotenant.

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Answered on 9/08/09, 8:55 pm


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