TN Underwriting Summary
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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
- A conveyance from A to B ( instead of from A to A and B) where A and B are married creates a tenancy by the entirety so long as the intent of the conveyance is to create a tenancy by the entirety is clearly expressed in the Deed. Bible v. State, 26 McCanless 361 (1968) citing 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.
