Legal Question in Civil Litigation in Tennessee
Our home...what are my rights???
My fiance' and I purchased a house in August of 2001. His name is on the financing, however, my name is also on the deed. I supplied the closing money and in lew of paying half the monthly note I bought him a car. Now that things are going sour he has the idea he can just change the locks on the house, remove my things (which would be almost all property in the house), and leave me and my children on the streets. Can he legally remove me from the home without notice? What are my rights concerning the house?
2 Answers from Attorneys
Re: Our home...what are my rights???
I would go to Chancery Court and seek an injunction allowing you to return to the house. I would also seek damages in the Chancery Court action for any monetary damages incurred by you for having to live elsewhere during the time that you were out of the house. I would also seek through the Chancery Court action an eviction of your former fiancee. You have children who need to live in the house. Once you are back in the house and he is removed through court action, the mortgage needs to be refinanced in your name alone if you want to continue living there.
Re: Our home...what are my rights???
Because your name is on the deed, you have an ownership interest in the property such that he cannot unilaterally extinguish that right. However, practically he has the power to remove your things from the premises and force you to find someplace else to live in the very short-term. This is a situation for which the law will supply a remedy and I would encourage you to speak with an attorney to get a plan for dealing with this situation as it continues to develop.