Get Oh Law Library Quitclaim Deed - Franklin County 2019-2026

Ownership as Tenancy by Entirety is only available to married couples. Under Tennessee law, a married couple can own property (both real and personal property) as tenants by the entirety.

Marital property refers to property that belongs to the marriage, as opposed to separate property, which is separately owned by one spouse or the other. Marital property includes all real and personal property, whether tangible or intangible, acquired by either or both spouses during the course of the marriage.

The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.

One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.

In the State of Tennessee, a quitclaim deed must be either notarized by a Notary Public or signed by the seller of the property in front of two witnesses (§ 66-22-101). Once one of these criteria has been met, the document must be filed with the Register of Deeds Office along with the proper filing fees (§ 66-5-106).

Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called “right of survivorship,” which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

The documents can be prepared by anyone as long as the required information is written in the deed as outlined in § 66-5-103. Once the forms have been prepared, along with the Legal Description of the property, it may be signed with two (2) witnesses or a notary public.

Tennessee is not a community property state. Regarding the division of marital property in divorce, Tennessee is an equitable distribution state. Equitable distribution means property will be divided equitably according to a set of listed statutory factors.

Sole Ownership in Tennessee Tennessee does not recognize community property, homestead, or dower and curtesy. This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. The only exception to this is when using a deed of trust.