{"id":376454,"date":"2016-03-31T21:36:48","date_gmt":"2016-04-01T02:36:48","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/tennessee-law\/tennessee-homestead-laws.html"},"modified":"2026-09-14T10:55:10","modified_gmt":"2026-09-14T15:55:10","slug":"tennessee-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-homestead-laws.html","title":{"rendered":"Tennessee Homestead Laws"},"content":{"rendered":"\n
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Tennessee Homestead Laws<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Tennessee<\/span> homestead laws shield a portion of a homeowner<\/span>‘s primary residence equity from most creditor claims and lawsuits. Individual homeowners<\/span> can protect up to $35,000 in equity, while joint owners<\/span> can safeguard up to $52,500 for eligible houses, condos, or attached mobile homes. This exemption does not cover unpaid property taxes<\/span>, purchase mortgages, or secured debts during debt collection and bankruptcy proceedings.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Tennessee<\/span>‘s <\/span>homestead exemption<\/span> protects part of your home equity<\/span> from most creditors if they win a lawsuit against you. Individual homeowners<\/span> can keep up to $35,000 safe, while joint owners<\/span> can protect up to $52,500 together. The protection is automatic, but you must claim it if a creditor tries to take your property.<\/p>\n

If you’re facing a lawsuit, a creditor’s collection effort, or considering bankruptcy, a\u00a0Tennessee<\/span> bankruptcy attorney<\/span><\/a>\u00a0can help you determine how much equity you can protect and whether the homestead exemption<\/span> alone is enough to keep your home. Whether you are dealing with credit card<\/span> debt, medical bills, or other forms of unsecured debt, understanding the exemption can help you seek debt relief<\/span>.<\/p>\n

How Much Can You Protect Under Tennessee<\/span>\u2019s <\/span>Homestead Exemption<\/span>?<\/h2>\n

Tennessee<\/span> Code<\/span><\/a> governs how much home equity<\/span> state law<\/span> shields from creditors. An individual homeowner<\/span> can protect up to $35,000 in home equity<\/span>. If two people jointly own and live in the home as their main residence, they can claim a combined exemption of $52,500 if they\u2019re both involved in the case. A married couple<\/span> who co-own their home and are named together in the same case typically fall under the joint-owner<\/span> category.<\/p>\n

If only one of the two joint owners<\/span> is involved, that person is limited to the standard $35,000 exemption. The joint-owner<\/span> amount doesn’t carry over automatically just because two names are on the deed.<\/p>\n

The current exemption amounts<\/span> took effect on January 1, 2022. Tennessee<\/span> used to have higher exemptions for people over 62 and those with minor children<\/span>, but now there\u2019s a single flat amount for everyone. The increase was significant.<\/p>\n

Tennessee<\/span> doesn’t set a separate acreage cap for rural or urban property. The exemption is defined strictly by the dollar value of your equity, not by the size of your lot. A separate section within the same homestead exemptions<\/span> part of the code also protects\u00a0an interest in a family cemetery or burial lot<\/a>\u00a0up to one acre, or a space in a mausoleum, from creditors.<\/p>\n

What Kind of Property Actually Counts as a Homestead?<\/h2>\n

The homestead exemption<\/span> covers more than just single-family houses. It also applies to condominiums and to manufactured or mobile homes, as long as the home has been legally attached to land you own and the title has been surrendered and canceled. Because the exemption applies to real estate<\/span> rather than personal property<\/span>, a mobile home still titled as a vehicle and sitting on a rented lot doesn\u2019t qualify, as it hasn\u2019t been converted to real property<\/span>.<\/p>\n

Leasehold interests are also protected, but there\u2019s an exception. The homestead exemption<\/span> on a leasehold doesn\u2019t protect you from collection for rent you owe on that property. You can\u2019t use the exemption to avoid paying your landlord.<\/p>\n

Who Qualifies for the Exemption?<\/h2>\n

Any individual qualifies for the homestead exemption<\/span> on real property<\/span> they own and use, or that their spouse or a dependent uses, as a principal place of residence<\/span>. You don’t need to be the head of household to claim it.<\/p>\n

The exemption can apply even if you don\u2019t own the home outright. If you have a leasehold or life estate interest in your main residence, you may still qualify. Courts look at proof of residency, like utility bills, tax returns, and voter registration, not just the name on the title.<\/p>\n

The exemption doesn\u2019t cover rental properties, vacation homes, or land where you don\u2019t live. If you\u2019re married, you can\u2019t give up or waive the homestead exemption<\/span> without your spouse’s consent.<\/p>\n

How To Claim the Exemption<\/h2>\n

Because the exemption applies automatically under Tennessee<\/span> state<\/span> law<\/span>, you don\u2019t need to file paperwork or record a declaration before a creditor dispute comes up. You must still claim the exemption if a creditor tries to take your property. For a lawsuit, you\u2019ll claim it in the case. In bankruptcy, you list the exemption on your schedule of exempt property<\/a>, which is filed with the court. This step is crucial in\u00a0Chapter 7 bankruptcy<\/span><\/a>, which involves liquidating non-exempt assets, or\u00a0in Chapter 13 bankruptcy<\/span><\/a>, which involves a court-approved repayment plan.<\/p>\n

Tennessee<\/span> has also opted out of the federal bankruptcy exemption<\/span> scheme. If you file for bankruptcy in Tennessee<\/span>, you must use the state’s own exemption list. You can’t choose the federal exemptions instead, even if they might work out better for your situation.<\/p>\n

You must usually live in Tennessee<\/span> for a certain period before you can use the state’s exemptions<\/span>. If you recently moved from another state, ask a bankruptcy attorney<\/span><\/a> about the current residency requirements before filing.<\/p>\n

What the Exemption Doesn\u2019t Cover<\/h2>\n

The homestead exemption<\/span><\/a> is broad, but it has limits. It doesn\u2019t protect against the following:<\/p>\n