Legal Question in Family Law in Tennessee

Legal rights of husband to house

If my brother's house is in his wife's name but they have both made the house payments and he provided the money for the down payment, does she have the right to kick him out of the house? They have both lived in it for the past year, and in addition they have a 3-year old daughter that lives with them. His wife says he has to leave because she now has a boyfriend and she wants him to move in with her and her daughter. He and his wife are not legally separated or divorced yet, although she has filed. What are his rights?


Asked on 7/31/99, 6:10 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Legal rights of husband to house

If your brother is married to the woman, she would have to get a court order to "kick him out of the house"... and under the facts you presented, I doubt that many Tennessee judges would order him out of the house AFTER HEARING THE FACTS.

Initial preliminary "ex parte" orders like you are afraid of are sometimes granted, but the spouse ordered out of the house has the right to get an immediate hearing on the order to actually present proof to the court and ask for a change in the order.

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Answered on 8/14/99, 12:23 am


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