I am filing for a divorce. Can I break the lease that is in both my name and my husband's name?

Unfortunately, your decision to seek a divorce does not affect your landlord and your lease. However, depending on where you rent, residential leases normally do not appear on your credit report. If you move out and break the lease, you will be subject to its terms. But, read your lease. Many tell you exactly what the penalties are. Once you move out, your husband will either stay and pay or move out. If you both move out, your landlord has a legal duty to mitigate his/her damages and try to re-rent the apartment. If they do not do that, you will have some arguments in your favor if they try to take you to court. Good luck to you. I'm sorry you found yourself in this position.

The lease is a contract that you have with your landlord. Both you and your husband are individually bound by it. The written lease will tell you under what conditions you can terminate the lease and what penalties would apply. However, if your husband remained in the residence and paid the rent, neither the landlord or your husband would be entitled to any reimbursement from you. Read your lease. It may have already expired and you may or may not be on a month to month basis. if your lease was never put in writing, you would be on a month to month basis and could terminate it upon 30 days notice. Best of luck. Elliot Heidelberger Attorney at Law

No, whether or not you file for divorce does not impact your lease terms, nor does it provide an out for you concerning your lease obligations.

You are liable on the lease regardless of whether or not you are divorced. Both you and your husband put your names on the lease, and both you and your husband will be individually responsible for it.