Tennessee Notice of Non-Responsibility by Contract with Spouse

Under Tennessee Property Code section 66-11-103, spouses are awarded certain protections from mechanic's lien if a notice of objection to the contract is timely filed. The form of the notice is called a "Notice of Non-Responsibility by Contract with Spouse."

When the contract for improving real property is made with a husband or a wife who is not separated and living apart from that person's spouse, and the property is owned by the other spouse or by both spouses, the spouse who is the contracting party shall be deemed to be the agent of the other spouse unless the other spouse serves the prime contractor with written notice of that spouse's objection to the contract within ten (10) days after learning of the contract. Tenn. Prop. Code 66-11-103.

This document identifies the parties, the location and starting date of the project, and specifically states that the filing spouse accepts no obligations related to the improvement. If the notice is filed within the required ten-day period after learning of the contract, it can be a powerful tool to avoid any lien being placed on the spouse's property interest.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any questions about the Notice of Non-Responsibility or for any other issues regarding mechanic's liens.

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