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Tenant spouses are co-owners of their lease. In fact, they have the same rights and obligations towards their lessor and are in solidarity with the payment of rents and charges. Rent married: all the singularities of this rental scheme, detailed in this article.

To rent by being married: the co-owners of the lease

Rent by being married induced that each spouse is appointed tenant in title. This applies regardless of the matrimonial regime chosen, even when the signing of the lease by one of the spouses is prior to the marriage.

  • Thus, even if one of them leaves the house, his spouse remains tenant of the property. If the couple wishes to take leave of the property, they must send the landlord a letter signed by each spouse.
  • The lessor can here claim to any of the two spouses the payment of the sums remaining due to him (rents, charges, unpaid...) The spouses are indeed in solidarity with the payment of rent and chargeseven if the lease does not include a solidarity clause here.
  • All mail from the landlord to the couple must be notified to each spouse to be valid (unless the owner has not been informed of the marriage).

Rent by being married: separation, abandonment of domicile, death

1. In the event of separation, the spouse wishing to leave the dwelling remains, however, in solidarity with the payment of the rent and the expenses, and this:

  • until the divorce is officially declared
  • or that the remaining spouse also leaves the home.

If the ex-spouses wish to extend their tenancy, it is up to the judge to decide whether to award the lease. In fact, the spouse who obtains custody of the couple's children will also be awarded this lease.

2. In the case of abandonment of residence by one of the two spouses, his spouse remains the tenant of the property or obtains the automatic transfer of the rental contract if he was not the signatory.

3. If either spouse dies, the surviving spouse then gets the exclusive right to the lease (unless he or she does not want it), and even if he or she did not originally rental.

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