(a) Whether or not both, one (1) or neither is domiciled in this state, spouses may transmute any or all of their property to community property by transferring property to a community property trust.
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Terms Used In Tennessee Code 35-17-105

  • Community property: means property owned by a community property trust during the marriage of the settlor spouses. See Tennessee Code 35-17-102
  • Community property trust: means an express trust that complies with §. See Tennessee Code 35-17-102
  • During marriage: means a period that begins at marriage and ends at dissolution or immediately after the death of a spouse. See Tennessee Code 35-17-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A community property trust is enforceable without consideration.
(c) All property owned by a community property trust will be community property during marriage.
(d) The right to manage and control property that is transferred to a community property trust is determined by the terms of the trust.
(e) When property is distributed from a community property trust, it shall no longer constitute community property.
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