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§ 26-2-301. Basic Exemption

An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual’s spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed five thousand dollars […]

§ 26-2-302. Life Estates and Equitable Estates

Section 26-2-301 shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual’s spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale.

§ 26-2-303. Leasehold Estates

Section 26-2-301 shall apply to leasehold real property which is possessed and used by an individual, an individual’s spouse, or an individual’s dependent, as a principal place of residence, provided such leasehold estate is for more than two (2) and not exceeding fifteen (15) years. The homestead exemption upon leasehold estates shall not be exempt […]

§ 26-2-304. Insurance Proceeds From Homestead

All moneys arising from insurance on a homestead which is destroyed by fire, or by other disaster, shall be exempt in an amount not to exceed five thousand dollars ($5,000). This insurance exemption shall not operate so as to exclude the interest of any mortgagee at the time of the insurance loss so long as […]

§ 26-2-305. Family Cemeteries and Burial Lots

Any interest or estate in a family cemetery, not in excess of one (1) acre, or in a burial lot in a cemetery, or a space in a mausoleum, or a certificate of ownership thereof, is exempt from levy of execution or attachment except as in case of homestead. Code 1932, § 7735; T.C.A. (orig. […]

§ 26-2-306. Exemption Inapplicable in Certain Cases

The homestead shall not be exempt from sale for the payment of public taxes legally assessed upon it, or from sale for the satisfaction of any debt or liability contracted for its purchase or legally incurred for improvements made thereon. It shall be exempt from seizure in criminal as well as in civil cases, but […]

§ 26-2-307. Right of Selection

Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.

§ 26-2-308. Procedure to Set Apart

Whenever real property of an individual who is entitled to a homestead exemption thereon is levied on by execution or attachment, the individual’s homestead shall be set apart in the following manner: The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to […]

§ 26-2-309. Sale and Reinvestment of Exempt Proceeds

When the real estate levied on is of greater value than five thousand dollars ($5,000), and is so situated that it cannot be divided so as to set apart the homestead, the freeholders shall certify the fact, and the officer may proceed to sell the whole tract, and out of the proceeds the officer shall […]

§ 26-2-310. Registration of Freeholder’s Certificate

The officer shall certify upon the certificate of the freeholders that the same is their act and deed, and the debtor shall have the same registered in the register’s office of the county in which the lands lie, and, when so registered, it shall vest in the individual entitled to such homestead exemption, as herein […]

§ 26-2-311. Setting Apart for Deserted Family

When a debtor absconds or abandons the debtor’s family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and […]