Legal Question in Real Estate Law in Tennessee

My husband and his father jointly own the house we live in. We we helping him financially and recently stopped. He now wants us to move out of the house. Can he evict us?


Asked on 6/30/14, 4:39 pm

1 Answer from Attorneys

Dan Scott Scott Law Group, PC

In Tennessee when two or more people (who are not husband and wife) own real estate, without a contrary intent stated in the deed, they own the property as "tenants in common." This means that (where there are 2) they each have a 1/2 undivided interest in the property. They each have the right to occupy the property but not to the exclusion of the other.

Short answer: Your husband's father cannot evict your husband. However, the fact that your father has a right to occupy the property does not necessarily mean that you (his wife) have the right to occupy the property. My position on that is that you are not creating an unreasonable burden to the property and are a guest of your husband.

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Answered on 6/30/14, 5:39 pm


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