Legal Question in Family Law in Tennessee

Should I Have Read ''The Idiots' Guide to Divorce''?

Husband divorced me 5 years ago, we used same attorney. House pmt was to be paid in lieu of child support. After losing my job I signed a quit claim for my half of the house for $5000 (I signed it, he gave me $5000 for my trouble - I needed the $ to support myself and 1 child until I found another job). Child will be 18 in 1 1/2 years and he won't sell my half back as promised. Do I have any recourse,or am I out of a place to live and face the loss of everything I ever had to start all over?


Asked on 4/01/02, 8:27 pm

2 Answers from Attorneys
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Should I Have Read ''The Idiots' Guide to Divorce''?

I would first need to see your agreement. If he agreed to pay the house note was it limited to the note on the house where you were living. He is responsible for child support until the child turns 18 or graduates for high school. Therefore, he needs to start paying child support. You will need to file a petition with the court to set the child support if he does not agree to start paying it.

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Answered on 4/02/02, 9:50 am
Jes Beard Jes Beard, Attorney at Law

Re: Should I Have Read ''The Idiots' Guide to Divorce''?

Agreements related to an interest in real property generally are not enforceable unless they are in writing, so if you had some informal, verbal, "side agreement" with your ex that he would sell you back your interest in the house, yes, I would think you are most likely out of luck. It would be a good idea to schedule an appointment with an attorney to review all details of the situation, including the Divorce Decree and the Marital Dissolution Agreement, to see if your case might qualify as an exception.

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Answered on 4/04/02, 12:14 am


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