Regardless of the judge`s decision to retain the lease, there are cases where a landlord is not obliged to respect it. For example, if you and your spouse are on a specific lease, a landlord may not be required to remove the name of the spouse who will no longer reside in the rental property. In such cases, you can discuss with your lawyer the development of a divorce clause in which the spouse who owns a leasehold property agrees to assume all financial obligations arising from the lease, even if both names remain on him. Whether you have the right to stay automatically depends on the name on the rental agreement. The definition of immobile in deeds Registries Act 47 of 1937 includes registered long-term leases. One of the married spouses in a marriage in the property community may, alone and without the consent of the other, enter into a long-term notarized lease, and once registered, it is considered a standstill. As such, once considered a immobile object, it is part of the common succession by law enforcement. Section 15 (2) of the Matrimonial Property Act provides that no spouse, married in the community of property, may, without the consent of the other spouse, alienate the “real” rights that are part of the common estate. If one spouse wishes to cede his rights in the registered notarial lease, the written consent of the other spouse is required, since the assignment of a registered long-term lease is considered a “locked-in” alienation, which the Marriage Property Act does not legally permit without the written consent of the other spouse.
1. Why not rent your name? 2) Your wife may not give up either in her name or in a rented apartment If you rent your house with your ex-partner and you are not married or you are in a life partnership, you may have the right to live in your home – at least in the short term – if you decide to separate. It depends on the name that depends on the lease and the type of lease you have. Find out what your options are. In the event that a lease agreement – specifically a notarized lease – is to be registered, it should not be concluded that the agreement of the other spouse is necessary.