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.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Notice of Spousal Non-Responsibility

Secure payment for materials supplied to a construction project
File a lien to prevent property sale until payment is received
Document partial payment received on a construction project
Establish priority of a construction lien on a property

Compare other Tennessee deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Easement Deed Termination of Easement Correction Deed Affidavit of Heirship Administrator Deed Executor Deed Deed of Trust Assignment of Deed of Trust Full Release of Deed of Trust Partial Release of Deed of Trust Installment Land Contract Memorandum of Installment Land Contract Release of Memorandum of Installment Land Contract Certificate of Trust Trustee Deed Durable Power of Attorney Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Completion Notice of Transfer Indemnity Agreement Demand for Enforcement Notice to Owner Notice of Mechanics Lien Notice of Non-Payment Partial Lien Waivers Final Lien Waiver Release of Mechanic Lien Contractor Notice of All Liens Paid Lien Lis Pendens Disclaimer of Interest

Important: County-Specific Forms

Our notice of spousal non-responsibility forms are specifically formatted for each county in Tennessee.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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