How to Hold Title in Tennessee: Survivorship & Entirety

Tennessee co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy, so survivorship exists only if the deed expressly creates it; otherwise co-owners take as tenants in common. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features.

This is general information, not legal advice. Tennessee title rules have real consequences at death and for creditors — confirm the current rule on the official sources below, or talk to a Tennessee attorney.

How you hold title decides what happens to your share when you die and how creditors can reach the property. Tennessee gives co-owners a few options.

Tenants in common — the default

When two or more people own Tennessee real estate, the default is tenancy in common. Each owner has a separate, transferable share, and when one dies, that share passes through the estate — not automatically to the other owners.

Survivorship must be expressly created (§ 66-1-107)

Tennessee has abolished automatic survivorship in joint tenancy (T.C.A. § 66-1-107). That means a right of survivorship — where a deceased co-owner’s share passes directly to the surviving co-owners — exists only if the deed expressly creates it. If the deed is silent, co-owners take as tenants in common.

Tenancy by the entirety for married couples (§§ 66-1-109, 66-1-110)

Tennessee does recognize tenancy by the entirety for married couples (T.C.A. §§ 66-1-109, 66-1-110). This form carries:

Survivorship — the surviving spouse takes the whole property, and
Creditor-protection features that can shield the property from a creditor of only one spouse.

Where to go next

Title is set in the deed when you buy — see buying and selling a home and recording and title. For more statewide basics, see the real estate hub.

To get matched with a local Tennessee real estate attorney, connect with a lawyer.

Frequently asked questions

What's the default way co-owners hold title in Tennessee?

Tenants in common. Tennessee has abolished automatic survivorship in joint tenancy, so unless the deed expressly creates a right of survivorship, co-owners take as tenants in common (T.C.A. § 66-1-107).

How do I create a right of survivorship in Tennessee?

The deed must expressly create it. Because Tennessee abolished automatic survivorship, survivorship exists only if the instrument says so (T.C.A. § 66-1-107).

Does Tennessee recognize tenancy by the entirety?

Yes. Tennessee recognizes tenancy by the entirety for married couples, which carries survivorship and creditor-protection features (T.C.A. §§ 66-1-109, 66-1-110).

Related guides

Buying & Selling a Home in Tennessee: Disclosure & Deeds Under Tennessee's Residential Property Disclosure Act, the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property's known condition and defects — or, where allowed, an 'as is' disclaimer. The disclosure is not a warranty and not a substitute for an inspection. To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses.

Recording & Title in Tennessee: Register of Deeds Tennessee deeds are recorded with the county register of deeds. Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. Among recorded instruments, priority generally follows the order of recording, so recording promptly protects your interest.

Tennessee Condos & HOAs: The Condominium Act Tennessee condominiums are governed by Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which covers creation, unit-owner associations, and residential disclosure requirements. Older buildings may fall under the earlier Horizontal Property Act. Homeowners' associations operate under their recorded covenants.

Tennessee Evictions: FED, the 14-Day Notice & Court A Tennessee eviction is a forcible entry and detainer (unlawful detainer) action, usually filed in general sessions court. Under the URLTA, for nonpayment of rent a landlord may give a 14-day notice — if the rent isn't paid within 14 days of receipt, the rental agreement terminates. Self-help eviction is not allowed; the landlord must use the court process.

Tennessee Landlord–Tenant Rules: URLTA & Deposits Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000; smaller counties follow common-law and lease terms. Where the URLTA applies and a landlord requires a security deposit, the landlord must hold it in a separate account used only for deposits and tell the tenant where it is kept.