TN Underwriting Summary - Revision history

Bartbodkin: /* Homestead */

2021-03-09T13:57:12Z

‎Homestead

Bartbodkin at 13:56, 9 March 2021

2021-03-09T13:56:52Z

Alanfields at 17:17, 21 January 2021

2021-01-21T17:17:18Z

Davidjenkins at 22:21, 14 February 2018

2018-02-14T22:21:14Z

Alanfields: Created page with "Tennessee Tenancy by Entirety Tenancy by the entirety is presumed whenever husband and wife take title together. No express statement is required. Conveyance from one to T..."

2017-05-03T16:51:13Z

Created page with "Tennessee Tenancy by Entirety *Tenancy by the entirety is presumed whenever husband and wife take title together. No express statement is required. *Conveyance from one to T..."

New page

Tennessee Tenancy by Entirety

*Tenancy by the entirety is presumed whenever husband and wife take title together. No express statement is required.
*Conveyance from one to T by E status may be done by direct conveyance without a "strawman" but conveyance should state intent to create T by E. T. C. A. § 66-1-109
*Between 1914 and 1919, a conveyance to Husband and Wife created a tenancy in common, not a Tenancy by the Entireties.

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 To insure refinances of investment property that is in the name of one spouse only:
 .	A notarized affidavit from husband that these are rental properties; and
 .	A clause in each deed of trust stating at the end of the legal description stating “This property is not used as a personal residence”.

← Older revision		Revision as of 13:56, 9 March 2021
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	*Since the enactment of the statute providing that an estate in joint tenancy shall not descend to surviving tenant, a tenancy in common results if no contrary intent is expressed regardless of presence of unities of time, title, interest, and possession, and, when the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.		*Since the enactment of the statute providing that an estate in joint tenancy shall not descend to surviving tenant, a tenancy in common results if no contrary intent is expressed regardless of presence of unities of time, title, interest, and possession, and, when the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.
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		+	==Homestead==
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		+	To insure refinances of investment property that is in the name of one spouse only:
		+
		+	1. A notarized affidavit from husband that these are rental properties; and
		+	2. A clause in each deed of trust stating at the end of the legal description stating “This property is not used as a personal residence”.