Morristown, TN asked in Divorce and Real Estate Law for Tennessee

Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Brentwood, TN
  • Licensed in Tennessee

A: Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the divorce documents to make sure there's nothing in that case that would hinder conveying the property. But, generally, if you want the house gone, you can file a petition to partition the property. In other words, you can ask the court to force the sale of the property and distribute the proceeds accordingly. If you own an interest in the land, you can force the sale, and he really can't stop it as you have a right to dispose of your portion. Consult counsel to determine your best options.

Anthony M. Avery agrees with this answer

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