Tennessee Community Property Trust Act
Tennessee · Fiduciaries And Trust Estates · §§ 35-17-101 to 35-17-108 · 8 sections
Overview
The Community Property Trust Act allows a married couple to have property treated as community property by placing it in a qualifying trust established under a written agreement between the spouses. It sets out what such a trust must contain to be valid, how the spouses may amend or revoke it, how the property is managed and controlled, how creditors' claims are satisfied, and what happens to the property when the marriage ends by death or dissolution. It also preserves obligations and protections that exist outside the trust, including a child's right to support and homestead rights, addresses how the arrangement interacts with federal tax law and with community property recognized in other jurisdictions, and identifies trusts that will not be enforced.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Tenn. Code Ann. § 35-17-101Short title
- Tenn. Code Ann. § 35-17-102Chapter definitions
- Tenn. Code Ann. § 35-17-103Requirements for community property trust
- Tenn. Code Ann. § 35-17-104Agreement establishing community property trust — Amendments and revocation
- Tenn. Code Ann. § 35-17-105Classification of property as community property — Enforcement — Duration — Management and control — Effect of distributions
- Tenn. Code Ann. § 35-17-106Satisfaction of obligations
- Tenn. Code Ann. § 35-17-107Death of a spouse
- Tenn. Code Ann. § 35-17-108Dissolution of marriage
Enacted in other states
All Tennessee named statutes →
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