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In a family dispute over land in Davidson County, the Tennessee Supreme Court has held that, where two persons own land as joint tenants with a right of survivorship, if one of them transfers her interest in the land to someone else, that action will terminate both of the joint tenants' survivorship interests.

Who prepares the Deed of Sale? The deed of sale is drafted by the seller and it includes the details of the transaction. The document should then be notarized by a lawyer, otherwise, it will have no power when presented to authorities or court.

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.

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.

Updated May 10, 2022. A Tennessee general warranty deed is a form that conveys real estate from a seller to a buyer and guarantees that the title is free and clear of all liens and encumbrances.

Tennessee is an “equitable distribution” state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably according to the factors listed in T.C.A. § 36-4-121(c).

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).

Under Tennessee law, the property that you owned before the marriage or property outlined in a prenuptial agreement is solely owned by you and generally will not be divided in a divorce. Marital property, on the other hand, is anything that you and your spouse acquired during your marriage.

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.