Legal Question in Real Estate Law in Texas

Removal of name on lease after divorce

In March 2002, my husband & I signed a 2 year house lease. We separated May 2002 & I moved out (He wanted to remain there & pay the rent). We are now divorced & have a protective order to protect myself from his violence. The divorce decree declared him the right and financial responsibility for the leased house. Is there a legal form that the landlord can use to take me off the lease so I am not liable if my ex-husband should default?


Asked on 1/30/03, 6:46 pm

2 Answers from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Removal of name on lease after divorce

Just happened to be on line so you are getting a quick response. It may be that the Court order will not relieve of liability on the lease, that is the owner could still demand payment from you if your husband fails to pay. Approach the lessor and asked if he/she will sign a Release from Liability for the Lease. Show the lessor the court order. It can be a simple form excusing you from paying. Be sure who ever signs it has the authority to do so. Larry Maun 713.661.7411

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Answered on 1/30/03, 6:59 pm
Basil Hoyl Law office of Basil Hoyl

Re: Removal of name on lease after divorce

A simple letter from the authorized representative of the landlord to you stating you are released from liability on the lease will do, but your release from liability should be supported by "fresh consideration." In other words, you should give them a check for the release (I would at least write them a check for $10 or whatever you negotiate for them to adjust their paperwork and make a note on the top back of the check that it is for release from the lease.

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Answered on 1/30/03, 7:14 pm


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