Legal Question in Real Estate Law in Tennessee
spouse in jail for attempted murder of wife
I have a friend whose husband tried to burn her house down with her in it. He is now in jail, but will get out soon. They are still married and she is trying to buy a home for herself. Is there any legal way she can do this and him not have any claim to the property? She lives in Chattanooga, Tennessee.
1 Answer from Attorneys
Re: spouse in jail for attempted murder of wife
She needs to obtain a divorce. Most title companies (they research title to real estate to confirm that the seller owns the property and their research forms the basis for title insurance which provides coverage in the event anyone claims the seller did not have good title) will require husband and wife both be on the deed because if one of them dies, the surviving spouse may claim homestead, or other rights as surviving spouse.
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