Is it safe to sign a lease with only one of the homeowners and still be protected?

I am looking at leasing a home for one yr where we will then purchase sometime within the years time during the lease. However the property is being leased by a husband who is going through a divorce and the wife is no where on the lease. He says her name is not on the property anywhere but I know it is still marital property. Will we still be protected by signing this lease with just him. I just dont want the wife to come back and say she wants the home. It is vacant right now.

Asked on July 16, 2012 under Real Estate Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Congratulations: you saw that red flag and are acting on it.  I would not sign a lease for the property or negotiate any deal to purhcase unless the wife is on those documents or you have a court ordered or so ordered agreement for distribution of the assets that states that the home is his exclusive property.  Seek legal help.  Good luck.

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