Posted by Ocean Pacific Notary Services, Inc. on 11/26/08 2:01pm
Msg #270665

TN - spousal State

Can anyone hear clarify if TN is a spousal state?

TYIA
gina

Reply by PAW on 11/26/08 2:29pm
Msg #270669

TN Spousal Rights

Tennessee has abolished dower and curtesy.

Tennessee is not a community property state.

Tennessee does have a marital interest. A spouse must join in all conveyances where they are a record owner. Spouse must join in all deeds of trust to bar their marital interests, except purchase money transactions.

If the deed of trust is a **purchase money transaction** the non titled spouse does not need to sign the deed of trust because there is no dower or curtsey in Tennessee and the purchase money takes priority over homestead rights. T.C.A. 26-2-301 (c).

T.C.A. 26-2-301(b) relates to homestead issues. T.C.A. 31-1-105 relates to all property.

Reply by Ocean Pacific Notary Services, Inc. on 11/26/08 2:58pm
Msg #270671

Thank you!!! - Just needed confirmation

Reply by PAW on 11/26/08 8:09pm
Msg #270683

The question could not be answered with a Yes or No response, because in one way or another, just about every state is a "spousal" state. Different states treat spouses differently depending on circumstances, that's why the somewhat lengthy response.

Of course, the simple and more direct approach would have been to ask the title company.

Reply by Sharon Taylor on 11/28/08 10:05pm
Msg #270740

TN is Partial Homestead State

Hi, Ocean Pacific! I've done TN closings for you in the past. Wish you had more assignments in my area as it is always a pleasure working with you.
Anyway, TN is what is referred to by lawyers here as a Partial Homestead State, as PAW showed in the law he quoted. I always have the non-borrowing spouse sign the DOT, RTC, Itemization, TIL, and Limited Power of Attorney along with any Affidavits and other documents that show his or her name on one of the signature lines or that are on a list of instructions from the lender/title company. Some lenders and title companies want the NBS to sign the Owner's Affidavit and maybe other affidavits, some do not. The Limited Power of Attorney is among the docs that I have the NBS sign unless otherwise instructed because it does give the lender/title company the right to correct minor typographical or clerical errors without doing a whole new closing, and since the NBS has signed some documents, having him/her sign the LPoA along with the borrower gives the lender/title company the ability to correct any docs the NBS has signed as well as docs the borrower has signed.