Tenants divorce. Who gets to keep the house?

Question

So my tenants want to divorce and each spouse wants to keep the house and wants the other one to go. I'm fine with either one of them and don't want to pick sides. What do I do in this case? Would the judge rule in this matter?

Tom Gimer · Answer

This is poor advice. Yes, the court can decide if the parties cannot come to an agreement.

The lease is marital property like anything else acquired during the marriage. The court can distribute the lease rights to one party or the other based upon a number of factors. Let's say there are kids involved and the wife will keep physical custody of them. Remaining in the same property, continuing in the same school, etc. could be factors. This is just an example, there are many.

Bjorn Ahlblad · Answer

It is your property the judge has no business deciding. If the tenants can't decide and you don't want to, then they both go.

Travis Bohling · Answer

Hi Christiane,

Great question and example of the issues we deal with as residential landlords. Do they qualify for the home individually in terms of income?

You have 3 options;

1. Let them work it out and then adjust the lease/deposit with an addendum.

2. Keep them both on the lease and refund the deposit made payable to both of them at lease expiration. This gets more complicated if they want to renew.

3. If neither qualifies to rent the home individually, offer to release them both from the lease.

Michele Fischer · Answer

This is a clause in our lease so that everyone is clear who the primary tenant is, and the strongest applicant is the primary tenant:

In the event that Tenants decide they no longer want to live together, ___________ will be considered the primary Tenant to make decisions about modifying or terminating tenancy. Deposits will not be returned (full or partial) until all tenants move out.

Nathan Gesner · Answer

Don't get involved.

They need to decide, then tell you their decision. Your responsibility is to (a) ensure the remaining tenant can afford the rent on their own and (b) document removal of the departing tenant in writing.

Ray Hage · Answer

Damn! I am not jealous of your position. I had tenants also go through a divorce while living in a townhouse I own. Thankfully, the husband decided to move out eventually. In your case, it is a bit more complicated. Since they're tenants, it will most likely be up to you to decide. If they are both good tenants in the sense of keeping the property in order, you might want to just choose the one with the higher income and lower debt (this is will be difficult as who knows how much alimony and child support will be etc).

If they're both relatively equal in income/debt and maintaining the property...I would avoid picking sides and figure out a way to make them come to an agreement. If they are both absolutely unreasonable, I suppose you could meet with them and flip a coin to decide who stays. It's a tough spot.

Bob S. · Answer

None of your business, let them work it out,

Christiane Robinson · Answer

That's how I handled it so far.

Tenants divorce. Who gets to keep the house?

Tenants divorce. Who gets to keep the house?

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