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divorce after 10 years

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T

tsu

Guest
What is the name of your state?Tennessee
My husband was divorced over 10 years ago. He got to keep his house and the ex was ordered to quit claim the house.She hasn't done so yet ,she is incontempt to court. After this long is she able to go back to court and request any part of this house?
 


JETX

Senior Member
tsu said:
After this long is she able to go back to court and request any part of this house?
Of course she can file a motion with the court to do so, then it would be up to the court to consider..... however, it would be VERY unlikely that they court would grant the motion.
 
something of caution, and it could be readily used here, and that is adverse possession. In property if one party does not act to make the other party comply it would be seen as the primary party acknowledging an interest in the property of the lesser. Usually the person has to be on the property, but I ponder if she could use that she just had a vested interested in the property and the otherside(the superior) knew about it and did nothing to discourage this interest, thus acknowledging the interest of the lesser. I do not know how strong of a case she has but that might raise an eye-brow or two.
 

JETX

Senior Member
bulldogg70 said:
something of caution, and it could be readily used here, and that is adverse possession.
And as expected, your post is full of BS.
Adverse possession doesn't apply here as the circumstances (court ordered turnover) don't warrant your assumption.
Further, if you had spent ANY time reviewing the applicable Tennessee laws, you would have seen that it would require 20 years for an 'adverse claim'.... without appearance of title.
Further, since there is a mortgage on the property, the entire issue of 'adverse possession' wouldn't apply as the mortgage company actually 'owns the property' (under TN law).
To help educate you a little on this subject, go to:
http://plsurvey.com/adverse.htm
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=tools-contents.htm&cp=Infobase/12cd5/12d3b&2.0
 
JETX said:
And as expected, your post is full of BS.
Adverse possession doesn't apply here as the circumstances (court ordered turnover) don't warrant your assumption.
Further, if you had spent ANY time reviewing the applicable Tennessee laws, you would have seen that it would require 20 years for an 'adverse claim'.... without appearance of title.
Further, since there is a mortgage on the property, the entire issue of 'adverse possession' wouldn't apply as the mortgage company actually 'owns the property' (under TN law).
To help educate you a little on this subject, go to:
http://plsurvey.com/adverse.htm
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=tools-contents.htm&cp=Infobase/12cd5/12d3b&2.0
Thank god I put a disclaimer on it
"Usually the person has to be on the property, but I ponder if she could use that she just had a vested interested in the property and the otherside(the superior) knew about it and did nothing to discourage this interest, thus acknowledging the interest of the lesser. I do not know how strong of a case she has but that might raise an eye-brow or two."

and thanks for the link ;)
 

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