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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54001
Experience:  Attorney with 29 years of experience.
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I need advice on how to evict my ex wife, Tennessee Fayette

Customer Question

I need advice on how to evict my ex wife
JA: What state are you in? It matters because laws vary by location.
Customer: Tennessee Fayette County
JA: Has anything been filed or reported?
Customer: Not yet. The divorce has been final for a little under two years. The divorce was final in California. I relocated to TN for work and bought a house under my name only. The divorce was already final before moving to TN. She refused to pack her things in CA so I gave her the chance of packing them here at the house in TN but now she won't leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: The only thing she hasn't done is agreed to what items from the house are hers and has now taken residence in my house.
Submitted: 3 months ago.
Category: Legal
Expert:  Richard replied 3 months ago.

Good morning. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Tennessee law, you will then need to give a 10-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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