You say "my spouse." Are you already divorced? Either way, the terms of the lease would govern. If there is an option to renew, usually there is a period of time prior to a lease's expiration where the tenant must give notice if they wish to renew. If your spouse does not exercise the option you can do so. If the time has lapsed and nobody gave notice of renewal, then your landlord may lease the premises to whomever he/she wants- and if that happens to be you, then you would enter into a new lease with only your name on it, and your spouse would have no liability or benefit under the new lease.
Hope this helps!
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward/Boca Raton/Miami-Dade
954-316-3496/561-962-2785
info@vovalaw.com
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.