Legal Question in Wills and Trusts in Tennessee

my mother got sole ownership of the home in divorce but both names are on deed. she passed away. how do my sister and i take posseson of house


Asked on 8/21/11, 8:40 pm

2 Answers from Attorneys

Marshall Snyder Law Office Of Marshall Snyder

The divorce decree specifies that your mother gets the house. The divorce decree most

likely also requires a Quitclaim Deed from your mother's ex-husband to her. This should be brought to the attention of the Probate Court which will, in my opinion, vest ownership of the house in your mother just as the divorce decree vested her with ownership.

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Answered on 8/22/11, 9:22 am
John R Meldorf, III Law Office of John R. Meldorf, III

I agree with the opinion rendered by Mr. Snyder. Additionally, the divorce court retains jurisdiction over its Orders to ensure their enforcement. So the court that granted the divorce can take what steps are necessary to transfer title.

It is important to remember that if there is a lien against the house from a mortgage or a HELOC, that debt is ongoing regardless of either the status of title to the house, or the passing of your mother. So the sooner you address this problem, the better for you and your sister.

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Answered on 8/22/11, 10:39 am


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