Oak Ridge, TN asked in Estate Planning, Family Law and Real Estate Law for Tennessee

Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home. It works much the same way as joint tenancy with right of survivorship.

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