Memphis, TN asked in Real Estate Law, Domestic Violence and Contracts for Tennessee

Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know if I have a case to get back the money I put into the house and stop paying them. The only evidence I have is some pictures of some mild injuries, I never got the police involved. They still live in the house and are planning to refinance to get me off the mortgage as soon as their income allows, and I am worried about them continuing to come after me for payments. If I stopped sending them money and they did open a lawsuit, would I be able to use the physical abuse as a defense?

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

A: Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the notemaker for a deficiency.

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