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

Answers:

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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