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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.

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.

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.

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.

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.

An affidavit of heirship is the simplest way of transferring real property after a person has passed away. When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent.

Tennessee is not a community property state. If you are and your spouse are actually able to agree on who gets what, you may file a Marital Dissolution Agreement (PDF). However, you must agree on everything in the request; not have minor children; not be pregnant; along with other stipulations.

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.

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.