Legal Question in Family Law in Tennessee
can he keep his house
My friend and his wife have been seperated for about 5 years they had a verbal agreement that she get ALL contents of the house and he get house and payments which where behind and nearly in foreclosure when she left and it was her decision to leave the marital household he recently filed for a divorce and they have no children together she now says she will not sign divorce papers or quick claims deed because she has changed her mind and wants the house lol he still lives in! She is renting a house in the same town and has been in it sense the day she left him. What can he do he has struggled to keep this house and has done a lot of work to it he wants a divorce and his house ! How can he get what is rightfully his ? She abandon him and the home how could she have any rights ? WHAT CAN HE DO TO GET HIS DIVORCE AND KEEP HIS HOUSE??SHE has shafted the man enough for gods sake she didnt even leave him a hair brush when she left he let her have it all!! any and all help is wanted and needed thank you
1 Answer from Attorneys
Re: can he keep his house
He needs a court order to say who gets what. His attorney should be advising him about this. Tennessee is likely to view this marriage as "short duration" and therefore the objective will be to return the parties to essentially the same position as they were in prior to marriage. Was there a pre-nup? Did they buy the house together after marriage? Based on what you've disclosed the court will likely direct them to sell the house and split the profits or one of them will have to buy the other one out. His attorney should be advising him on all of this as I assume he is disclosing the complete story to his attorney. If he does not have an attorney, I advise him to get one. He can contact me if he wishes to do so.
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