Legal Question in Real Estate Law in Tennessee

Bone- Head Mistake

I purchased a house in Tennessee with my then girl friend last October. We were going to get married soon there after and move into the house. I put her name on the deed of trust and warranty deed and her name was left off the sales contract and loan. An hour after we closed on the house she informs me that she will never marry me as she thought that her name was left off the deed.

Anyway a year later and she still won't sign a quit claim deed and we are both hiring attorney's to get this situation settled.

My employer is also has the mortgage to the property. Can anyone tell me whether or not they have to be named as a defendant to the lawsuit?

She has no financial interest in the house as I have made all the down payments and house payments and have been paying all the bills for a year now.

If the house is sold via a partition suit is she going to receive any compensation on the sale of the house? If so how much?

Does the mortgage company need to be named as a defendant?

* Her divorce to her husband was officially finalized two weeks after the closing and she signed her name as a unmarried person

Any help in this matter would be greatly appreciated

Thanks,

Bone Head

PS. We live in Ga!


Asked on 10/26/06, 7:23 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Bone- Head Mistake

You said you were hiring a lawyer, so he/she can answer all your questions better than we can after reviewing all facts. Not to rub it in, but for the benefit of other people reading this forum, this is a common and frequent problem. Rarely will it be a good idea for a dating couple to buy a house together.

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Answered on 10/26/06, 7:29 am


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