• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Home Abandonment in TN - Can One Co-Owner Remove Another Co-Owner's Name From Title?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Tennessee

Silly question, and I'm pretty sure I already know the answer, but... is there an abandonment provision in Tennessee law that allows for one title holder to remove another title holder's name from the property?

If 2 people are listed on the home deed in Tennessee and one person abandons the property and moves cross country is there a time frame to which the person still living in the home and providing all the past and current upkeep can claim abandonment on the other person and get that person's name off the house?

I'm thinking NO, but someone else I spoke with insists that it falls under the Unclaimed Property laws in TN, by which the name could be removed after 5 years. I disagree with that.

Thanks in advance!
 


tranquility

Senior Member
You've got to go to court. Remember, too the SOL. If you're actually suing for past payments for taxes, you are limited as to the amount by the SOL.
 

sandyclaus

Senior Member
You've got to go to court. Remember, too the SOL. If you're actually suing for past payments for taxes, you are limited as to the amount by the SOL.
So far, there is no indication of the one party asking for the other party to pay for an unpaid share of the taxes. Just applying the concept of abandonment to trying to remove the other party from the title of the property.

SO, you're saying it IS possible to do that? If so, is there a required timeframe (i.e., if the other party is absent for xx years, they can be removed from the title)? Or are you saying they CAN'T be removed without court intervention?
 

TigerD

Senior Member
What is the name of your state (only U.S. law)? Tennessee

Silly question, and I'm pretty sure I already know the answer, but... is there an abandonment provision in Tennessee law that allows for one title holder to remove another title holder's name from the property?

If 2 people are listed on the home deed in Tennessee and one person abandons the property and moves cross country is there a time frame to which the person still living in the home and providing all the past and current upkeep can claim abandonment on the other person and get that person's name off the house?

I'm thinking NO, but someone else I spoke with insists that it falls under the Unclaimed Property laws in TN, by which the name could be removed after 5 years. I disagree with that.

Thanks in advance!
No.
The term isn't abandoned property; it is adverse possession. And that doesn't apply.
Elements of Adverse Possession
• Claimant must establish that his/her possession was
○ Actual
○ Open and notorious
○ Continuous
○ Hostile
○ Exclusive

In your case, the resident owner's possession isn't hostile because they are co-owners. There is no reason to think the absent owner has slept on his rights. Co-ownership doesn't require permission.

Also the time frame in Tenn. for adverse possession is 7 years: Tenn. State Code 28-2-101

Locking the other co-owner out is called ouster and could result in the possessing owner being required to pay rent to the owner.
However, either co-owner can bring an action to partition the property. That will most likely result in the home being sold and proceeds split between the owners.



DC
 

HomeGuru

Senior Member
OP needs to file an action to quiet title. OP, do not confuse abandoned real property from abandoned personal property. Different laws apply.
 

tranquility

Senior Member
It's not really a quiet title suit either. There is not a cloud on the title it's the owner who can't be found. To get relief, you've got to go to court. Partition would be appropriate and a demand for the money expended due to the absent owner.
 
Sponsored Ad

Top