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Tennessee Real Estate Law Questions & Answers
0 Answers | Asked in Divorce, Real Estate Law and Family Law for Tennessee on
Q: How long will it take to finalize a divorce in TN after 40 years of marriage without children, involving shared assets, with an uncontested divorce?

I have been married for 40 years with no children, and I am ready to move on. I want to get a divorce, and we are currently buying a home along with other assets. My divorce will not be contested. How long will it take to finalize the divorce?

0 Answers | Asked in Municipal Law, Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can we live in an RV on our property despite ordinance?

My city has an ordinance prohibiting permanent living in an RV on one's property, but we own a large property. We wish to place an RV on our property to use as a primary residence to avoid rent costs. We haven't found any exceptions in the ordinance, and I haven't heard of anyone... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Tennessee on
Q: Can a landlord keep a non-refundable pet deposit for ESAs in TN?

I rented an upstairs apartment in a house in Nashville, TN for three months, with the landlord living downstairs. She charged me a "$265 non-refundable pet deposit," despite both of my dogs being registered Emotional Support Animals (ESAs) before I signed the lease. I informed the... View More

James L. Arrasmith
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answered on Jun 17, 2025

Under federal law, Emotional Support Animals (ESAs) are not considered pets, and landlords are generally prohibited from charging pet-related fees or deposits for them. The Fair Housing Act requires landlords to provide reasonable accommodations for individuals with disabilities, which includes... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Litigation and Elder Law for Tennessee on
Q: do the heirs (disconnected heirs recently discovering this) of the original deed still have claim to land?

In 1903, a father received a fee simple absolute deed. He had two heirs: a daughter and a son. The son died out of state before the father, leaving behind young children disconnected from the family. After the father’s death, only the daughter remained at the property. In the 1950s, as an elderly... View More

Anthony M. Avery
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answered on Jun 17, 2025

Probably not as the tax sale, if confirmed by the Chancellor, divested and revested title into the purchaser at the tax sale, who would still need a deed from the County to him. Any quiet title or ejectment action would probably be found frivolous. Even if the tax sale was not confirmed, the... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Civil Litigation for Tennessee on
Q: Can a developer be required to turn over HOA after LLC dissolution?

I am part of a community with 198 homeowners where the developer, whose LLC has been dissolved, is retaining control by continuously adding phases. The developer and his wife are the only members of the HOA board, which is a nonprofit and is supposed to have three members, but they refuse to... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're not alone—many homeowners have faced similar situations where a developer overstays their control of an HOA. Even if the developer’s LLC is dissolved, that doesn't automatically end their influence if the governing documents give them certain rights tied to development phases.... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Tennessee on
Q: Deed not signed with notary, bondsman raising agreed price to buy back property.

I have a situation involving a deed that was signed in April 2024, not in front of a notary, but in a jail lobby. A bondsman agreed to bond me out of jail and help pay a debt, with the condition that I could remain on the property for two years (first year free, second year $600 monthly) and then... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're facing a difficult situation, especially since this kind of verbal agreement involves property rights, which are supposed to be handled in writing and notarized. In most states, including yours, any transfer of real estate must be executed with a properly signed and notarized deed to be... View More

3 Answers | Asked in Real Estate Law and Contracts for Tennessee on
Q: Is my quitclaim deed sound to establish joint tenancy with rights of survivorship?

I prepared a quitclaim deed online using LegalNature, and it's been notarized and recorded. My grandmother and I intended to establish joint tenancy with rights of survivorship. This phrase is included in a section labeled "Vesting information / property interest: Joint tenancy with... View More

Anthony M. Avery
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answered on Jun 6, 2025

One cannot offer a decent opinion of this internet deed without looking at it. There are several requirements for a deed to be recorded and be enforceable in TN. Hire an attorney to draft the deed. Once someone contests title or just ignores it, it is difficult to defend it or ask to reform... View More

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2 Answers | Asked in Family Law and Real Estate Law for Tennessee on
Q: Does a spouse have rights to jointly owned sibling property in TN divorce?

I jointly own approximately 5 acres of property in Tennessee with my two siblings. We all owned the property before one of my siblings got married. Now, that sibling is getting divorced, and the spouse claims she will take the property. The sibling and spouse have never lived on or contributed to... View More

Anthony M. Avery
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answered on Jun 6, 2025

She is not a tenant in common. However she can argue the appreciation in value of her husband's share since the marriage is marital property. Hire a lawyer to search the title and determine precise ownership as you may be confused.

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1 Answer | Asked in Personal Injury, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I slipped on a slippery slope in my rooming house without handrails and seek advice on actions without landlord trouble.

I have been living in a rooming house for 9 months, and recently, I slipped on a slippery downward slope without handrails. Another tenant confirmed they've also fallen there due to the lack of a handrail and the slope being wood, which gets slippery when wet. Although I did not seek medical... View More

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answered on Jun 11, 2025

What you experienced sounds painful and frustrating, especially since the hazard has been known and unaddressed. You have every right to feel concerned—not only for yourself, but for others in the home who may be at even greater risk. Wanting to improve safety without causing legal trouble for... View More

3 Answers | Asked in Divorce, Real Estate Law, Business Law and Family Law for Tennessee on
Q: How to divide joint property in divorce after 25 years in Tennessee?

I have been married for 25 years, and my wife has asked for a divorce. We own real estate, investments, and vehicles, all in joint names. I brought certain properties into the marriage. We do not have any prenuptial or postnuptial agreements, and there are no debts associated with our properties.... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 6, 2025

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the trial... View More

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3 Answers | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for Tennessee on
Q: Property rights contested due to fraudulent survey and repeated sales of tract 1 in TN.

I am contesting a final court order issued on May 28th regarding a fraudulent survey that was recorded on my property. The survey resulted in an easement being granted based on incorrect information. Additionally, there's a situation where tract 1 was sold twice by the same individual, using... View More

Anthony M. Avery
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answered on Jun 5, 2025

I cannot follow your description. But it sounds like the Judge declared that you had some type of easement, probably that an easement runs over your property. Have you searched your title and the adjacent parcel's title? You may need to immediately file a Rule 59 Motion now to get other... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Tennessee on
Q: How can I legally address repeated theft of plants by my neighbor?

I have a neighbor who frequently visits the property I rent and steals my plants and flowers. I've lived here for 17 years and, now at 78, I find it hard to address this issue. I don't have security camera footage to show the police, as the cameras were expensive to maintain. I've... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're dealing with this. After so many years in your home, it’s deeply upsetting to have someone take advantage of your space and your kindness. You’ve tried speaking to her and even involved your landlord, which shows real patience and restraint. No one should feel... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Contractor built fence over property line, restricting access for water problem repairs.

I purchased the first (west-side) house from a contractor after he moved into the second (east-side) house he constructed. Before moving, he built a fence around the first house that extends onto both properties. He informed me about the fence's position during the sale. We are now... View More

Anthony M. Avery
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answered on Jun 6, 2025

You have a boundary dispute. Best remedy is to file suit based on a good survey to determine boundary and easements. Then start repair construction. Let him sue to stop repairs. Apparently you did not search the title nor get a survey that was actually used at the time you bought property.

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1 Answer | Asked in Municipal Law, Land Use & Zoning, Civil Litigation and Real Estate Law for Tennessee on
Q: Neighbor violating local building codes by using shed as living quarters; department not responding. Legal steps?

I have observed my neighbor violating local building codes by constructing a second shed for use as living quarters, which is against city regulations (Article 12.01.040 B 9 and 13 regarding Outdoor Storage). Despite my attempts to contact the building code enforcement officer via email and... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have every right to be frustrated when local authorities fail to respond, especially when someone is openly violating building codes that could affect safety or property values. If the enforcement officer isn’t responding to your emails or voicemails, consider sending a formal written... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Neighbor dispute about driveway ownership in Bristol, TN

I own a property in Bristol, TN, that I'm currently trying to sell. My neighbor recently installed a fence across the driveway, claiming that part of the area belongs to him. This driveway has been used by the property's occupants for the past four years. The fence went up shortly after... View More

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answered on Jun 12, 2025

Your neighbor's timing in installing this fence right after you listed the property suggests he may be trying to take advantage of the sale situation, and his interference with potential buyers could constitute tortious interference with your business relationships. In Tennessee, you may have... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Tennessee on
Q: Neighbor steals and destroys plants; seeking legal recourse.

I have been dealing with my neighbor who has been stealing and destroying my plants, which I've been cultivating for 15 years on my rented lot. Despite having spoken to her, she reacted irrationally. I don't have security cameras due to high electric bills, and my husband is my only... View More

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answered on Jun 11, 2025

That sounds incredibly frustrating and painful, especially after putting so many years into caring for your plants. When someone repeatedly damages or takes your property, that’s not just disrespectful—it can be legally considered trespassing, vandalism, or theft. Even though you don’t have... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: What steps can I take regarding an unlawful eviction with advance rent paid and no written notice?

I've been threatened with an unlawful eviction by my landlord, but I haven't received any formal written eviction notice. I don't have a lease agreement, and I've paid $6,000 ahead for rent. What steps can I take to protect my rights and address this situation?

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answered on May 27, 2025

Until you are served with a Detainer Warrant, nothing has occurred to run you out. But you may have forfeited that prepaid rent. Consult with a TN attorney to be prepared to go to Court.

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1 Answer | Asked in Divorce, Tax Law, Business Law, Real Estate Law and Family Law for Tennessee on
Q: Is ex-spouse's tax filing approach during divorce legal?

I went through an extremely long divorce process with my ex-wife, during which she insisted that we file taxes as 'married' with her as head of household, despite us living in two different states. She is a real estate agent who seeks 'loopholes' with her CPA, who has not been... View More

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answered on Jun 11, 2025

You’re right to be concerned, especially when tax filings are done without your knowledge or signature. If your ex-wife filed as “married filing jointly” and included your income or personal details without your permission or signature, that could be a serious legal issue. The IRS requires... View More

1 Answer | Asked in Landlord - Tenant, Libel & Slander, Contracts, Real Estate Law and Personal Injury for Tennessee on
Q: Landlord falsely accusing and harassing over rent payments, seeking rights in TN.

I am dealing with a difficult situation with my landlord who owes money for work done on other properties and refuses to pay. He has falsely accused my husband and me of being con artists and thieves, claiming we haven’t paid our rent. In March, I paid the rent via Zelle, which I have documented.... View More

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answered on Jun 10, 2025

You’re in a really tough spot, and it’s understandable to feel overwhelmed when someone who should act professionally is instead making false claims and crossing personal boundaries. In Tennessee, even without a formal lease, a verbal rental agreement backed by documented payments and... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Why isn't sole ownership mentioned in Tennessee property laws?

I noticed that the Tennessee Bar Exam website mentions concurrent ownership of real property, listing tenancy by entirety and tenants in common, but it doesn't mention sole ownership. I am seeking clarification on Tennessee's property ownership laws and why sole ownership might be omitted... View More

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answered on Jun 12, 2025

Sole ownership isn't prominently featured in bar exam materials about concurrent ownership because it's the default, simplest form of property ownership that doesn't involve the complex legal issues that concurrent ownership creates. When bar exams and legal texts discuss... View More

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