Legal Question in Real Estate Law in Tennessee
Unfaithful husband
My husband has moved his girlfriend to our farm. The farm is in both our names and is incorparated as a hunting club. I am president of the corporation. Can he lease the land to her without my permission so she can put a trailer or house on it in her name?
1 Answer from Attorneys
Re: Unfaithful husband
I'm not clear on ownership of the farm; do you and your husband own the farm together, or is it owned by a corporation? If you and your husband own it, I assume title is joint as tenants by the entireties, but you should check the deed. If it is owned by a corporation, you should check to find out if your husband owns a controlling interest in the company (as well as how 100% of the ownership of the corporation is held and by whom). Also, if you and your husband own the farm and lease it to an incorporated hunting club, and your husband owns 51% of the hunting club, he may be leasing (or sub-leasing) the property from the hunting club to the girlfriend; in this case, the lease between you and the hunting club will govern what the hunting club can and cannot do.
As you can see, these issues get complicated. I suggest you consult with an attorney in person.