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Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11933
Experience:  Licensed Texas General Practice Attorney
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lease void?

Customer Question

If someone is renting and the lease aggreement is signed by a person who is not on the mortgage or deed, does this make the lease void? The person who is on the mortgage and deed did not sign anything on the lease. Can the tenants be evicted and if the spouses are divirced does that make a difference?

Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Robert McEwen, Esq. replied 1 year ago.

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

If the spouses are divorced and the individual that signed the lease was divorced at the time, and the property was distributed during the divorce such that the individual that signed the lease had zero right to the property, and no authorization on behalf of the owner, that would make the lease void since the contracting party would not have authority to enter into such a lease.

RobertMcEwenEsq :

Now if they were married at the time that the person signed the lease, and then got divorced, that would not affect the current lease, but the owner could choose not to continue that lease.

RobertMcEwenEsq :

Ultimately it's not whether or not the person's name was on the deed (being on a mortgage would be meaningless to determine ownership) is not important, but rather if that property was purchased during the marriage.

Customer:

when you say the owner could choose not to contiue the lease do you mean after the lease expires or currently?

RobertMcEwenEsq :

If it was, it would be marital property, and even if one spouse's name was not on the deed, that spouse would still be a co-owner of that property, and as such, could enter into a lease.

RobertMcEwenEsq :

After the lease expires.

RobertMcEwenEsq :

The owner would still be bound by a legally entered into lease, even if that owner would not want to be...

Customer:

thank you very much for explaining that it helps a great deal.

RobertMcEwenEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

ok I will.

Robert McEwen, Esq., Lawyer
Satisfied Customers: 11933
Experience: Licensed Texas General Practice Attorney
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