Tennessee Homestead Declaration / Notice of Homestead Exemption

DECLARATION OF HOMESTEAD AND NOTICE OF HOMESTEAD EXEMPTION

(Tenn. Code Ann. §§ 26-2-301, 26-2-305, 26-2-306; Tenn. Const. art. XI, § 11)

RECORDING COVER SHEET

DECLARANT(S) AND PROPERTY

STATEMENT OF DECLARATION

The undersigned, being duly sworn, declare as follows:

1. Ownership and occupancy. Declarant(s) own the real property described above and occupy it as their principal place of residence within the meaning of Tenn. Code Ann. § 26-2-301.

2. Selection of homestead. Pursuant to Tenn. Code Ann. § 26-2-305, declarant(s) hereby SELECT the above-described real property (together with the dwelling and curtilage thereon) as their homestead.

3. Statutory amount claimed. Declarant(s) claim the homestead exemption in the following amount, as provided by Tenn. Code Ann. § 26-2-301:

☐ Single individual / sole owner — $35,000 (§ 26-2-301(a)(1))
☐ Joint owners using property as principal residence, both claiming in same proceeding — $52,500 aggregate (§ 26-2-301(b)), divided equally ($26,250 each)
☐ Joint owner, only one of joint owners involved in proceeding — $35,000 (§ 26-2-301(b))
☐ Unmarried head of household with minor children residing — $35,000 (§ 26-2-301(a))
☐ Surviving spouse — $35,000 (Tenn. Code Ann. § 26-2-303)
☐ Minor child(ren) of deceased — $35,000 (Tenn. Code Ann. § 26-2-302)

4. No age-62 supplemental claim. Declarant(s) understand that Tennessee's pre-2022 age-62 supplemental homestead tier was eliminated by Public Chapter 1031 (2021) and that no such supplemental amount is claimed under current law.

5. Tenancy by the entirety (if applicable). ☐ Title is held by declarants as husband and wife in tenancy by the entirety. The TBE interest is asserted as additional protection under Tenn. Code Ann. § 26-2-409 and 11 U.S.C. § 522(b)(3)(B) against the individual (non-joint) debts of either spouse, independent of the dollar-capped homestead exemption.

6. Setting apart. Pursuant to Tenn. Code Ann. § 26-2-306, the homestead may be set apart by the sheriff, trustee, or court when execution is levied or a bankruptcy petition is filed. This declaration shall serve as written selection by the debtor.

7. No conversion / no fraud. Declarant(s) declare that the property has NOT been acquired with fraudulently obtained funds and that nonexempt property has NOT been converted to exempt homestead with intent to hinder, delay, or defraud creditors within the meaning of 11 U.S.C. § 522(o).

8. Federal acquisition cap acknowledgment. ☐ Property was acquired more than 1,215 days before any pending bankruptcy filing. ☐ Property was acquired within 1,215 days; declarant(s) acknowledge the federal cap of 11 U.S.C. § 522(p) (currently $189,050, triennially adjusted) applies to any value above the prior-property carryover.

9. Debts excluded from homestead protection (Tenn. Code Ann. § 26-2-307). Declarant(s) acknowledge the homestead does NOT apply against:
   - purchase-money obligations on the homestead;
   - voluntarily granted mortgages or deeds of trust;
   - taxes lawfully assessed on the property;
   - mechanics' or materialmen's liens for improvements to the property;
   - public dues, alimony, and child support to the extent provided by law.

10. Insurance proceeds. Pursuant to Tenn. Code Ann. § 26-2-304, proceeds of insurance for damage to or destruction of the homestead are exempt to the same extent as the homestead itself.

11. Effective date. This declaration is effective upon execution and, when recorded, provides notice to the public from the date and time of recording.

EXHIBIT A — LEGAL DESCRIPTION

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

(Attach metes-and-bounds, plat reference, or condominium declaration as applicable.)

EXHIBIT B — VALUE WORKSHEET

SIGNATURES

NOTARIAL ACKNOWLEDGMENT (Tenn. Code Ann. §§ 66-22-101 et seq.)

STATE OF TENNESSEE
COUNTY OF [__________________]

On this [____] day of [______________], 20[____], before me personally appeared [____________________________] (and [____________________________]), known to me (or satisfactorily proved) to be the person(s) who executed the foregoing Declaration of Homestead, and who acknowledged that they executed the same as their free act and deed for the purposes therein contained.

CERTIFICATE OF SERVICE (when filed in pending action)

I certify that on [__/__/____] a copy of the foregoing Declaration of Homestead was served by ☐ U.S. Mail ☐ ECF ☐ hand delivery on:

[____________________________]
Counsel for Declarant(s)
TN BPR #: [____________]

SOURCES AND REFERENCES

• Tenn. Code Ann. §§ 26-2-301 through 26-2-307 (homestead exemption, current amounts effective Jan. 1, 2022)
• Tenn. Code Ann. § 26-2-409 (tenancy by the entirety)
• Tenn. Code Ann. § 26-2-112 (federal opt-out)
• Public Chapter 1031, 2021 Tenn. Pub. Acts
• Tennessee Constitution, Article XI, § 11
• 11 U.S.C. § 522(b)(2), (b)(3)(A), (b)(3)(B), (o), (p), (q)
• In re Arango, 992 F.2d 611 (6th Cir. 1993)
• In re Arwood, 289 B.R. 889 (Bankr. E.D. Tenn. 2003)
• capitol.tn.gov; advance.lexis.com (statutory currency)
• U.S. Bankruptcy Courts: tneb.uscourts.gov / tnmb.uscourts.gov / tnwb.uscourts.gov
• County Register of Deeds (recording venue per Tenn. Code Ann. § 66-24-101)