Legal Question in Real Estate Law in Tennessee

I purchased our marital home in cash with separate funds; the deed is in my name only in the state of TN (a common law property state). Can a document or affidavit be completed on behalf of my spouse to prevent him from having to sign the deed when selling this property? My spouse has separate debt incurred before marriage. There are NO liens on the property, and it was paid in full by me using my separate income. We do NOT have any joint bank accounts either. During the title check process on behalf of the buyers, will they run a credit check or other background checks on my spouse despite the fact that my name only is on the deed? We prefer that the check for the home purchase be put in my name only. How do we accomplish this?


Asked on 1/27/15, 9:49 am

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

You wife can execute what is known as a "quit claim" deed to you. This basically just says, "I'm not claiming an interest, but in the event I have one, then I'm conveying it to you."

During the process of running a title I've never seen anyone run credit on the seller or background checks so it is unlikely that you have to be concerned that someone will run a check on your wife. if you do the quit claim deed there should be no problem just having the check written to you.

Hope this helps.

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Answered on 1/27/15, 10:09 am


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