Legal Question in Real Estate Law in Tennessee

My sister and her husband have been seperated for 3 years - but their divorce is not final - he had paid nothing on the house or any bills. He is now saying he is going to claim bankruptcy because he is in so much debt. My sister has never missed a payment on the house.

If he claims bankruptcy and they are still legally married - can the legal system take their home for his debt - or put a lien on her home.

The second part of the question is - he wants her to give him $ 10,000 and he will take his name off of the house deed and mortage - before he does anything so that she doesn't loose her house. If this something that can be done - what are her best steps to make sure this is done legally and so that when the divorce (if ever) becomes final he cannot come back and say part of the house is is. By the way, she owned the home when she married and he has never contributed to the household but I know the law says that doesn't really matter. (But to her it does!)

Thanks for your assistance and guidance.


Asked on 10/30/09, 11:53 am

1 Answer from Attorneys
Tim Ferraris Tim Ferraris, Attorney at Law

He should transfer his interest in the home to her with the preparation of a new deed.

This would make her the sole owner of the home.

An affidavit from him can be prepared which outlines the circumstances surrounding the transfer to help protect against any claim by him in the divorce.

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Answered on 11/06/09, 12:04 pm


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