Husband and wife are contemplating a divorce, but a petition for dissolution has not been filed. Wife is moving out and would like to enter into a one-year lease with a landlord. The landlord is requiring that both the husband and the wife obligate themselves on the lease.
Can the landlord require that both the husband and wife sign the lease?
Yes. Generally, either spouse may separately acquire, manage, control or dispose of community property or bind the community. See A.R.S. § 25-214(C). However, joint signature of the spouses is required for any acquisition, disposition or encumbrance of an interest in real property, including a lease for one year or more. See A.R.S. § 25-214(C)(1). Here, the wife, while still married and although contemplating a divorce, seeks to sign a lease agreement for a one-year term. In order to do so, under A.R.S. § 25-214, both spouses must sign the lease and be bound by the lease.
Arizona REALTOR® Magazine – May 2014 | Landlord/Tenant