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Dear Attorneys,

What happens with the lease for my apartment when I get a divorce? I live there with my wife and daughter, but the lease is only in my name. I’m getting physical custody of my daughter. Does that change anything?


Leasing Larry

Dear Larry,

That’s a great question, and one we see fairly often. There are two components to the lease question. First, can one of you afford the apartment on your own? If the answer is yes, and that persons name is already on the lease, then that person usually stays. However, if the answer is yes, but that party’s name is not on the lease then that can cause a problem. Often, landlords will bend the application process for someone already in the building. But if there were ever any problems, or worse-if there is just not a unit available, the party may have to move out. Aside from the finances, the second part of this matter is really up to the landlord. It is up to him or her to renew (or not renew) any lease, so it is often better to have a conversation with your landlord as soon as possible.

Wolf & Shore Law Group is here to help you make your family law matters easier, not harder.  We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at

Very Truly Yours,

Wolf & Shore Law Group

*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.

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