Nashville, TN asked in Real Estate Law for Tennessee

Q: Me and my fiance purchased a house in April of this year and now want to seperate. What are my options to keep the House

We have 2 children and have been together for 9yrs. We are no longer intrested in staying together and i can not as it stands now pay for the house on my income. The house is in both our names due to him having bad credit. I can however afford the house after receiving the child support. I am concerned until that child support kicks in that I will default in loan. And how if at all can i have him sign over the house. I may not have worded this correctly. Please any information or a point in the right direction will be helpful

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: This is a real problem that arises when people live together as opposed to marriage. First, obviously, file to get the child support started. If you have any chance of keeping the house, it sounds like this is a requirement, so get that process started. It may be that the best thing is to sell the house, split the profit 9 if any) and then use you share of the profit to buy a new house. If you and he can't agree on what to do with the house, this is what the law will do ( the process is called "partition'). If he agrees to give you his part of the house, he must sign a "quit-claim" deed. you should strongly consider hiring an experienced family law attorney to guide you through the process.

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