"Eviction" in Tennessee

[Anne]

I need to "evict" my husband's ex-wife.

When they divorced three years ago, she insisted on keeping the house even though he'd warned her that she'd never be able to afford it. This is a woman who thinks it's necessary to call a plumber to change a faucet washer. When she finally found a boyfriend to move in with, she announced that she didn't want the house anymore, couldn't afford it and she wasn't going to pay the mortage, taxes, etc. anymore. She moved in with her boyfriend and sent us the mortgage payment coupon book. The house was in sad shape (old houses need constant maintenance!) and could not be sold without considerable work. It's not like we had much choice. We'd already had to bail her out of one debt that went to collection, risking my husband's already tattered credit. My husband and I just hoped to fix up the house enough to break even on selling it.

The problem is that it's been over a year now and the ex-wife still hasn't moved her furniture, clothes, and other junk out of the house. It's impossible to do any remodeling. The sheer volume of junk is astounding, leaving barely enough floor space to walk. My husband keeps telling her to clear her stuff out. She always says she will, one excuse after another, poor poor pitiful her being unfairly picked on when she's doing the best she can.... which is, nothing. Aaaarrrggghhh.

I've reached the end of my rope. Her junk has to go, now! I'm thinking of hiring a moving company to load up all her stuff and deliver it to her new home's driveway or front yard. Is that a viable solution, or do we have to go to court?

 

[Tracey]

You didn't tell us your state, so this is general info only. You'll need to read your state's landlord tenant act to see what the law really is.

By saying she didn't want the house anymore and sending you the coupon book, she legally abandoned the house and all its contents. It belongs to you. Hold a garage sale or auction and pocket the money. Keep track of how much you collect. At worst, you'll have to give her the money (less sale costs). Check your laws to see if you need to give her any notice.

Make her deed you her interest in the house. This way she can't come back and declare that she's moving back in (which co-owners can do whether you want them there or not), nor can she claim any money from the sale of the house. You also won't need her signature to sell once you've fixed up the place.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Anne]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
You didn't tell us your state, so this is general info only. You'll need to read your state's landlord tenant act to see what the law really is.<HR></BLOCKQUOTE>

Actually, it's in the title of my message... Tennessee. If landlord/tenant laws do apply to this situation, that's where I'll start. Thanks.

 

[Tracey]

Sorry I didn't notice the title Landlord tenant doesn't apply if she's a co-owner. Just the TN abandoned property laws.

The TN abandoned Property Act is in Title 66, Chapter 29. It takes a very long time to dispose of abandoned property.

The best idea I can come up with is to sue her to quiet title to the contents of the house. Her announcement that she didn't want the house & her failure to get her stuff after a year of you nagging indicates she doesnt't think she owns it anymore. You'll have to serve her with a complaint and summons to 'Quiet Title to Personal Property.' If she shows up to the hearing, the judge will give her some certain time to get her stuff out. If she doesn't show, you win by default. I don't know if you can bring the suit in district court or have to go through superior court.

Anyone else got an idea?


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.