Tennessee Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
A joint tenancy carries with it a right of survivorship. This means that upon a joint tenant's death, the deceased joint tenant's interest in the property held in joint tenancy vests in his or her surviving joint tenant(s), automatically by operation of law.
The primary benefit for many is the right of survivorship. This is a legal term that means the ownership rights pass to the remaining tenants when one dies. It can be a way to ensure property rights pass to a specific party in the event of an individual's death.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
One of the pitfalls of community property is something that is also one of its selling points ? all assets obtained during the marriage are owned 50/50. This can become a problem if one spouse dies and leaves their half of a property to someone other than their surviving spouse.
A tenancy in common title is a way for multiple parties to own shares in the same property. Unlike a joint tenancy, the parties to a tenancy in common can hold unequal shares of the property. While the shares can be unequal financially, each owner has equal ownership as it concerns occupying and using the property.
Tennessee law recognizes three (3) forms of concurrent ownership: tenancy by the entirety; joint tenancy with right of survivorship; and tenancy in common.
Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.
Affidavit of Heirship When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent. The affidavit of heirship is essentially a notice that is filed with the Register of Deeds stating who the new owners of the property are.