Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it
I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I still legally responsible for this lease?
A:
This is what I got from your post:
1. Your wife signed a lease and signed your name over 2 years ago.
2. You and your wife have been living in the property since then.
3. Your wife has now passed away.
You want to know if you are legally responsible under the lease.
Likely yes.
1. you have lived there - and taken the benefits of the lease.
2. The landlord relied upon the signatures in leasing the property - (probably)
3. This is an interesting - I'm wondering if the doctrine of necessaries would extend to a lease. - under this doctrine you are liable for the necessary debts of your spouse- like medical bills; funeral expenses. I haven't seen a case on rent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
