Legal Question in Real Estate Law in Tennessee

How to get a quit claim

Well, I was stupid. I purchased a home using 100% of my money and put my girlfriend's name on the deed and mortgage thinking we were to be married. She has not put pne penny in the house and pays no rent. We broke up, for good. She still lives in the house. She says she owns half the house and will fight to the end for it. This is simply unbelievable but her lack of character again shows. I have offered to pay her moving expenses if she would simply go. The house is worth $800k and she replies that she would gladly move for $400k. Keep in mind, she works and has never contributed a penny on anything. CLosing papers clearly show the source of funds being solely from me. She threatens violence if I date. Do I have to litigate against her to force a sale of the house or is there no legal way for me to get her off the deed. She will not sign a quit claim.


Asked on 3/01/06, 10:54 am

2 Answers from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: How to get a quit claim

You can file suit against her in Chancery Court for the county where the property is located and seek to quiet title in your name. I can prepare that paperwork for a fee.

http://michaelguth.com/prose.htm

http://michaelguth.com/mgsite/prose/sitemap.html

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Answered on 3/01/06, 11:19 am
Holland McKinnie T. Holland McKinnie, PC

Re: How to get a quit claim

You have a remedy at law but need to move quickly to protect your rights. The law provides you a cause of action to �partition� the title to the property. You will need to be able to prove that her ownership interest in the property is not half of the property, but is only what she has invested (if anything).

You will need to negotiate to procure a quitclaim by assuming a position of strength related to the legal right to partition, and to partition if necessary.

There are some potential issues related to the possible contractual relationship you had with her during your period of engagement, which will require some further detailed discussion about the terms of the engagement and how it was broken off, although those issues may or may not be relevant. There are also numerous other issues to discuss related to the equity in the property and your desire to keep or not keep the property. You should discuss your matter with an experienced real estate attorney that handles litigation as soon as possible. You do not want to delay in that as time passes she may strengthen any equitable arguments she might have to maintain possession and/or ownership. If you would like to discuss this matter with me please feel free to email me at [email protected] and I'll be glad to consult with you by phone or in person. My office is in Franklin and I enjoy handling these types of cases.

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Answered on 3/01/06, 11:19 am


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