Does a partner have to co-sign when entering into a lease agreement during a divorce?

Questioner

My father wants a divorce. He is now looking for a rental home and has found it. Two questions about this: does his wife have to co-sign for entering into this obligation? And do these costs fall into the estate, so that my father does not have to pay them 'out of his own pocket'? Or is his wife's approval required for this? Given the personal/medical situation, obtaining approval is difficult.

Lawyer

It is not mandatory for both spouses to sign the lease, unless they are both tenants or agree on joint tenancy. If the lease is only in your father's name, it is in principle not necessary for his wife to sign. During a divorce, the costs are usually divided according to the marital property regime. If there is a community of property, both spouses are in principle jointly responsible for the rental costs, even if the rental agreement is only in your father's name. This means that the costs of the rent fall into the estate and must be divided between both spouses.