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What are you suing the defendant for?
Got it. I am terribly sorry that this happened to you. The only way you would be able to add the wife to the lawsuit is if somehow she was complicit in the wrongs against you, or she operated the facility in some negligent way that led to these actions.
Simply owning the property though that you would like to recover isn't going to be sufficient to bring her into the lawsuit. However, you are most likely going to be able to try to get the property in any judgment (for the sale to get monetary proceeds) since the co-owners are husband and wife.
Actually, I see you are from Tennessee, and Tennessee isn't a community property state so you might be limited to only acquiring the value of half of the property.
However, you would also be able to go after any other assets owned by the defendant as well as bank accounts.
You can also garnish wages until the defendant completely pays off the judgment.
If you have a theory as to why she was negligent, then you could bring her in; I just am not aware of any facts which would show her negligence led to your damages. But you may have more facts which show she was negligent, in which case you could bring her into the lawsuit.
Simply her being the owner though is not going to lead to being able to sue her for negligence. She has to be more involved in the actions to bring her into the lawsuit.
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