What forms will I need for an uncontested divorce in TN where we both still will be living in the same house?

My husband and I want an uncontested divorce in TN. We will be remaining in the same house, but only as roommates. We already are in separate bedrooms and have been for years. Our finances are such that we can split the mortgage payment and is financially perfect for us to meet especially since I’m disabled. He has his vehicles, I have one. My SSI can go into a personal checking account after the divorce. We will be able to split the bills half and half. It’s all very amicable. The house is the main issue since every form I have found so far wants the house to go to one or the other. We do not want that. If something should happen to either of us death, then the house will go the remaining survivor. I know this can be done and is allowed in TN, but I

am unable to find out what forms I need to start the proceedings to get uncontested divorce with no children and we both stay in the house, just as roommates and no lawyer fees.

Asked on August 23, 2018 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While I certainly understand how you wish to avoid legal fees, it may be best to get help on a consultation basis only - use as you wish and to find out what you need to do - to comply with the law.  Tennessee does not allow uncontested divorces if you won a business or property with their spouse or there are retirement benefits to split.  So you will need help here.  You can ask about preparing a new deed after the divorce papers are signed leaving you both with "rights of survivorship" in the house.  Good luck.


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