Creditor's Rights

  1. Law
  2. Tennessee Code
  3. Domestic Relations
  4. Marriage
  5. Property Rights of Spouses
  6. Creditor's Rights

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  1. No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
  2. In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
  3. In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.

Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2); Shan., §§ 3157, 3158; Code 1932, §§ 7839, 7840; T.C.A. (orig. ed.), § 36-605.

Cross-References. Registration of marriage contracts or agreements, §§66-24-105,66-24-106.

Statute of frauds, §29-2-101.

Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Husband and Wife, §§ 2, 18; 18 Tenn. Juris., Marriage Contracts and Settlements, §§ 3, 11.

Law Reviews.

Family Law — Randolph v. Randolph: Tennessee Requires Full Disclosure or Independent Knowledge for Antenuptial Agreements To Be Valid, 27 U. Mem. L. Rev. 1021 (1997).


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