In our lease to purchase contract with married tenants, we agreed to take the remaining portion of the lease to purchase down payment several months after move in (the remaining portion is due in feb) both married parties signed the lease, but the husband has since left his cancer ridden wife. I'm concerned she is not able to fulfill the remaining balance of the down payment, due in feb. Since he is on the lease, can we require it from him?
As a general rule, if he signed the contract he is liable for its terms. The husband and wife should have joint and several liability for any debts/obligations/damages, etc. However, your particular case might be different. I recommend that you ask an attorney to review the contract to determine what your specific rights are in this case.
I agree with my colleague that you need to have your situation reviewed by an attorney. In addition to the issue at hand, you may also have problems with your "lease to purchase" arrangement. Many so-called real estate gurus like to promote that form of real estate transaction as a quick way to make money in real estate. But the fact, the is no such thing as "lease to purchase" or "rent to own". One is either renting or buying but you can't do both. Indiana courts are taking a hard look at these arrangements right now so it would be worth your time to sit down with an attorney experienced in these matters who can advise you accordingly.
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