How Married Couples Can Hold Property in Tennessee (And What Happens If Your Deed Doesn't Say)

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When you buy a home with your spouse, the way your names go on the deed matters more than most people realize. It affects what happens when one of you dies, whether creditors can reach the property, and how the home is treated if the marriage ends. Here's what every Tennessee couple should know.

The Three Main Ways to Hold Title

Tenancy by the Entirety. The "married couple" option. This one is only for married couples, and it treats the two of you as a single unit. Two big perks: when one spouse dies, the other automatically owns the whole house (no court process), and it shields the home from most debts that belong to only one of you. So if a creditor comes after just one spouse, they generally can't force the house to be sold.

Joint Tenancy with Right of Survivorship. The "automatic handoff" option. Anyone can use this one, not just spouses. Like the option above, when one owner dies, the other automatically gets the whole house. The difference: it does not have that extra debt protection a married couple gets.

Tenancy in Common. The "separate shares" option. Here each owner owns their own piece of the house, and those pieces don't have to be equal. There's no automatic handoff. When an owner dies, their share goes to whoever is named in their will (or to their heirs) - not automatically to the other owner.

What If The Deed Is Silent?

This is the question that trips people up. In Tennessee, the default depends on who's on the deed. Tennessee law presumes tenancy by the entirety when property is titled jointly in a married couple's names unless the deed specifies another form of ownership.

For everyone else, the default is tenancy in common. So a married couple usually gets the benefits of tenancy by the entirety automatically, but only if the title was taken while married and the deed doesn't say otherwise. If the deed explicitly states tenants in common or joint tenants with right of survivorship, the presumption does not apply.

A Few Other Things Worth Considering

A few questions come up again and again. If you married after buying the home, your deed likely doesn't reflect tenancy by the entirety, and you may want to re-title it.

Divorce severs a tenancy by the entirety, converting ownership into a tenancy in common and ending the creditor protection. And if you're doing estate planning, note that Tennessee now lets couples preserve that creditor protection even after moving the home into a revocable trust which is a meaningful change worth discussing with an attorney.

The Bottom Line

The right form of ownership isn't one-size-fits-all. It turns on your goals around survivorship, creditor exposure, and estate planning. Before you sign a deed, or if you're not sure how your current home is titled, it's worth a quick conversation.

Have questions about how you and your spouse should hold title?

The Law Office of Will McSeveney helps Nashville and Middle Tennessee couples, buyers, and property owners get their real estate right. Book a free 15-minute consultation or reach out:

Phone: (615) 852-7221

Email: info@mcseveneylaw.com

Disclaimer: This blog post is provided for general informational and educational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Every situation is unique, and laws change over time. You should not act or rely on any information in this post without consulting a licensed Tennessee attorney about your specific circumstances.