if my wife cosigns on an apartment lease for her daughter, am I, her husband, also liable on apartment rental agreement

My wife from a 2nd marriage is considering
co-sign in on a rental lease agreement with
her daughter from her 1st marriage. If her
daughter defaults on the lease agreement,
am I, her husband from a 2nd marriage, also

Asked on May 30, 2016 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since you do not live in a community property state, then unless you also sign the lease, you will not be liable for any rental payments. However, if your stepdaughter defaults on her rent, then your wife will become liable for them. This means that if she can't make-up the past due payments, she can be sued. At that point her wages can be garnished but so to can her bank accounts or other assets be seized. To the extent that these assets are jontly held, you can be affected.

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