Aaron and Beth are married Tennessee residents. Aaron purchases a rental property in his name only, using funds from his pre-marital savings account. Beth is not on the deed. Aaron later dies intestate. Which statement best describes Beth's interest in the rental property under Tennessee law?
Correct Answer
C) Beth may be entitled to an intestate share of Aaron's estate, which could include an interest in the rental property, under Tennessee's intestate succession laws
Tennessee is a common law separate property state. Property titled solely in Aaron's name belongs to Aaron alone, regardless of when he acquired it or whose funds were used. However, when Aaron dies intestate (without a will), Tennessee's intestate succession laws (Tenn. Code Ann. § 31-2-101 et seq.) determine who inherits his estate. Beth, as his surviving spouse, would be entitled to an intestate share — the specific share depends on whether Aaron has surviving children. This intestate share may include an interest in the rental property as part of Aaron's estate.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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