(a) An obligation incurred by only one (1) spouse before or during marriage may be satisfied from that spouse’s one-half (1/2) share of a community property trust.

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Terms Used In Tennessee Code 35-17-106

  • Community property: means property owned by a community property trust during the marriage of the settlor spouses. See Tennessee Code 35-17-102
  • Community property trust: means an express trust that complies with §. See Tennessee Code 35-17-102
  • During marriage: means a period that begins at marriage and ends at dissolution or immediately after the death of a spouse. See Tennessee Code 35-17-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(b) An obligation incurred by both spouses during marriage may be satisfied from a community property trust of the spouses.