Legal Question in Civil Rights Law in Tennessee
Tennants in Common
My friend and I purchased land and built a house 12 years ago. She and I are both on the deed and motgage of the house. Over the years our frinedship began to be strained so she moved to another state 3 years ago. She has no intention of returning and refused to sign a quit claim prior to leaving and let me know she would not pay anything toward expenses. She has paid absolutely no mortgage payments, taxes, utilities, insurance...nothing...since she left. In fact, she paid very minimal the two years prior to leaving. I have documentation to prove the payments have been made from MY account only. I want to continue living here and would like to get the house solely in my name. What legal steps can I pursue to get the home titled strictly to me? What are the chances a judge would order it sold and split the profit, if any? Can I sue her for her share of the expenses she has failed to pay? There is no equity in the house. Several years ago she demanded half the equity and we refinanced at that time and she received her half of the equity. Please give me any information or recommendations on how to proceed to finally get this home titled in my name.
1 Answer from Attorneys
Re: Tennants in Common
When you refinanced, that was the time to demand that your co-owner execute a quitclaim deed to convey her one half interest in the property to you in return for her share of the equity, but since that didn't happen, now your only options would appear to be to buy out her interest or a costly partition suit in the circuit court which would probably result in a court-ordered sale of the property.
You could also sue this co-owner for contribution based upon all of the expenses which you've paid in her behalf(including the mortgage), but the lawsuit
would probably have to be filed in the state where she now resides to have any chance of success, but as a way of settling such a suit, the defendant might be willing to execute the quitclaim deed which so far has eluded you and which would give you exclusive and sole ownership of the property.
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