Exempt Property Transfers

  1. Law
  2. Tennessee Code
  3. Property
  4. Conveyances of Property
  5. Residential Property Disclosures
  6. Exempt Property Transfers

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The following are specifically excluded from this part:

  1. Transfers pursuant to court order including, but not limited to, transfers ordered by a court in the administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree of specific performance;
  2. Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default; transfers by a trustee under a deed of trust pursuant to a foreclosure sale; or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure;
  3. Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;
  4. Transfers from one (1) or more co-owners solely to one (1) or more co-owners. This subdivision (4) is intended to apply and only does apply in situations where ownership is by a tenancy by the entirety, a joint tenancy or a tenancy in common and the transfer will be made from one (1) or more of the owners to another owner or co-owners holding property either as a joint tenancy, tenancy in common or tenancy by the entirety;
  5. Transfers made solely to any combination of a spouse or a person or persons in the lineal line of consanguinity of one (1) or more of the transferors;
  6. Transfers between spouses resulting from a decree of divorce or a property settlement stipulation;
  7. Transfers made by virtue of the record owner's failure to pay any federal, state or local taxes;
  8. Transfers to or from any governmental entity of public or quasi-public housing authority or agency;
  9. Transfers involving the first sale of a dwelling provided that the builder offers a written warranty;
  10. Any property sold at public auction;
  11. Any transfer of property where the owner has not resided on the property at any time within three (3) years prior to the date of transfer; and
  12. Any transfer from a debtor in a chapter 7 or a chapter 13 bankruptcy to a creditor or third party by a deed in lieu of foreclosure or by a quitclaim deed.


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