Requirements for Community Property Trust

  1. Law
  2. Tennessee Code
  3. Fiduciaries and Trust Estates
  4. Tennessee Community Property Trust Act of 2010
  5. Requirements for Community Property Trust

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An arrangement is a community property trust if one (1) or both spouses transfer property to a trust, that:

  1. Expressly declares that the trust is a Tennessee community property trust;
  2. Has at least one (1) trustee who is a qualified trustee whose powers include, or are limited to, maintaining records for the trust on an exclusive or a nonexclusive basis and preparing or arranging for the preparation of, on an exclusive or a nonexclusive basis, any income tax returns that must be filed by the trust. Both spouses or either spouse may be a trustee;
  3. Is signed by both spouses; and
  4. Contains the following language in capital letters at the beginning of the trust:

    THE CONSEQUENCES OF THIS TRUST MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE AND AT THE TIME OF A DIVORCE. ACCORDINGLY, THIS AGREEMENT SHOULD ONLY BE SIGNED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU SHOULD SEEK COMPETENT ADVICE.


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