Knoxville, TN asked in Divorce and Family Law for Tennessee

Q: Can I get an Agreed Divorce in TN with no lawyer, if I own a home only in my name and my husband does NOT want it?

In Tennessee, you can get a simple agreed divorce, if you meet the requirements. One of the requirements is as follows:

•You don’t own buildings or land or a business together or have retirement benefits;

We meet all of the other requirements, but I'm not sure about this one. I was in the process of buying a modular home with a permanent foundation before we got engaged, but I didn't close on it until after we were married. It is on land my father gave me and it is solely in my name. Also, the mortgage is only in my name. I am unsure if this falls into that category. And my husband does NOT want the house or land. However, this was our marital home, so I just don't know if we meet that particular requirement.

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Columbia, TN
  • Licensed in Tennessee

A: Yes, you can get an agreed divorce without a lawyer, even if you own real property, but this is almost always an area of dispute ( since it is usually the parties biggest investment). Although your husband may not want the house, he may change his mind if he finds out he might be entitled to some payment of money in exchange for giving the house to you. As a result, the courts put this instruction that the agreed forms don't work for people who own real estate. However IF he truly does not want it, and he doesn't want to be paid for it, and you put all that in the marital dissolution agreement, the Judge will likely approve the divorce. You should also know that you need your husband to sign and record a deed conveying the property to you at the same time or just after the divorce is approved.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: I do not know where you are getting any of those "requirements", as they are not law. But the Husband could be entitled to an equitable portion of any appreciation in value of the improved real property. You might ask him for a Quit Claim Deed now, prior to filing Divorce, of any interest he might have, even though he has no record title ownership. It is almost always better to hire an attorney to represent you, and push through this uncontested, Irreconcilable Divorce.

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