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  1. #1
    Join Date
    Apr 2020
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    Default Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    My question involves landlord-tenant law in the State of: TX
    Hi y'all. My husband and I moved into our new apartment last month. Long story short...I did not want to sign on the lease agreement due to the many issues we are having. From what he told me, the leasing office said since we are married he can sign on my behalf without my consent or POA so I am stuck on this lease. I have not found anywhere online where it states that he can sign on my behalf. Can someone please shed some light on this?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,992

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    Your husband and enter into a contract without your approval but that you could be at least partially responsible for. For example, financing a car.

  3. #3
    Join Date
    Oct 2006
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    16,197

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    Quote Quoting preetyk37
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    My question involves landlord-tenant law in the State of: TX
    Hi y'all. My husband and I moved into our new apartment last month. Long story short...I did not want to sign on the lease agreement due to the many issues we are having. From what he told me, the leasing office said since we are married he can sign on my behalf without my consent or POA so I am stuck on this lease. I have not found anywhere online where it states that he can sign on my behalf. Can someone please shed some light on this?
    TX is a community property state therefore the debts of either party, that accrued during the marriage, are community debts. Therefore yes, a creditor of your husband can go after community assets, including your regular pay. However, that doesn't mean that you are stuck on the lease. It only means that if your husband doesn't pay that they can go after you. Your husband cannot "sign" for you.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,354

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    Quote Quoting preetyk37
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    My husband and I moved into our new apartment last month. Long story short...I did not want to sign on the lease agreement due to the many issues we are having.
    For starters, I'm a bit baffled that you think it might be ok to move into an apartment but not sign the lease.

    That said...

    Can your husband "sign on [your] behalf"? Sure he can. However, he cannot bind you in the absence of an agency relationship (which does not exist solely by virtue of you being married). The question then becomes the extent to which the lease can be enforced against you. Maybe there will be things that cannot be enforced against you, but that doesn't mean you aren't obligated to pay rent since you're living there. Additionally, if you don't ratify his signature on the lease, then you also won't benefit from the lease.

    Another question is the extent to which you could be financially liable. As noted, you will have financial obligations for rent (and for any damage you cause) solely by virtue of living there. It is an overstatement to say that ever debt incurred during the marriage is a community debt (separate property, if you have any, is typically not subject to debt incurred solely by the other spouse), but in this case it doesn't really matter.

    So...why do you ask? What is it that your concerned about?

  5. #5
    Join Date
    Apr 2020
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    2

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    My concern is that My credit is being used and may be abused for the apartment and for the truck. I don’t want to be tied to either of the items or be responsible for any damages or expenses. I’m not in the apartment any longer. I should have mentioned that in my first post. When I looked at the lease I saw that he didn’t put my full name on there as it shows on my DL and as I put on all my documents, if that matters.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,197

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    Quote Quoting preetyk37
    View Post
    My concern is that My credit is being used and may be abused for the apartment and for the truck. I don’t want to be tied to either of the items or be responsible for any damages or expenses. I’m not in the apartment any longer. I should have mentioned that in my first post. When I looked at the lease I saw that he didn’t put my full name on there as it shows on my DL and as I put on all my documents, if that matters.
    If you are intending to divorce, it would be best to do so ASAP. It will be harder for them to come after you for future debts of his if you are no longer married when the debts happen.

  7. #7
    Join Date
    Jul 2018
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    2,354

    Default Re: Lease Agreement Signed by Spouse Without Consent or Power of Attorney

    Quote Quoting preetyk37
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    My concern is that My credit is being used and may be abused for the apartment and for the truck.
    Being used by whom and for what? What truck (you didn't mention a truck in your original post)?


    Quote Quoting preetyk37
    View Post
    I’m not in the apartment any longer. I should have mentioned that in my first post.
    Sigh....

    Did you inform the landlord about the issues with the lease?

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