Tennessee Code Annotated

Tenn. Code Ann. § 16-10-108 (2026)

Divorce - Adoption - Trustees

✓ current as of May 2026
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The circuit court has concurrent jurisdiction with the chancery court to grant divorces, to authorize the adoption of children, to release testamentary and other trustees, and to appoint trustees in place of those released or dead, and also to decree, on petitions of trustees, by will or otherwise, for the sale of property, real or personal.

Code 1858, § 4232 (deriv. Acts 1835-1836, ch. 19, § 4; 1835-1836, ch. 20, § 1; 1845-1846, ch. 194; 1847-1848, ch. 13); Shan., § 6070; Code 1932, § 10325; Acts 1951, ch. 202, § 40 (Williams, § 9572.52); T.C.A. (orig. ed.), § 16-508.


Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1984–2022 · leading case: Bradley James Cox v. Laura Nicole Lucas, 576 S.W.3d 356 (Tenn. 2019).
Bradley James Cox v. Laura Nicole Lucas, 576 S.W.3d 356 (Tenn. 2019). · cites it 2× “Tenn. Code Ann. § 16-10-108 (2009); id. § 36-6-101(a)(1) (2017).”
Paula Jean Holley v. James Franklin Holley, III, 420 S.W.3d 756 (Tenn. Ct. App. 2013). · cites it 2× “Tenn.Code Ann. § 16-10-108 *761 (2009). These parties were divorced in the Trial Court.”
Stair v. Shumate (In Re Shumate), 39 B.R. 808 (Bankr. E.D. Tenn. 1984). · cites it 2× “Tenn.Code Ann. § 16-10-108 (1980). In conjunction with that jurisdiction the Tennessee statutes provide: (2) Courts having jurisdiction of the subject-matter and of the parties are hereby expressly authorized to provide for the future support of the complainant *812 and of the…”
Lewis Alvin Minyard v. Laura Nicole Lucas (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 16-10-108 (2009); Tenn.”
Bradley James Cox v. Laura Nicole Lucas (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 16-10-108 (2009); Tenn.”
Lewis Alvin Minyard v. Laura Nicole Lucas, 576 S.W.3d 351 (Tenn. 2019). · cites it 2× “Tenn. Code Ann. § 16-10-108 (2009); id. § 36-6-101(a)(1) (2017).”
Fatma Adel Sekik v. Nehad Abdelnabi (Tenn. Ct. App. 2020). · cites it 2× “Tenn. Code Ann. § 16-10-108 . By virtue of Tennessee Code Annotated section 36-4-121, a court trying a divorce case is empowered to “equitably divide, distribute or assign the marital property” and “to effectuate its decree by divesting and re- investing title to such and, where…”
Fatma Adel Sekik v. Nehad Abdelnabi (Tenn. Ct. App. 2021). · cites it 2× “Tenn. Code Ann. § 16-10-108 . By virtue of Tennessee Code Annotated section 36-4-121, a court trying a divorce case is empowered to “equitably divide, distribute or assign the marital property” and “to effectuate its decree by divesting and re- investing title to such and, where…”
Kendra C. Killian v. Aubrey D. Moore (Tenn. Ct. App. 2022). · cites it 2× “Tenn. Code Ann. § 16-10-108 . Normally, the court that granted a divorce (in this case, the Davidson County Circuit Court) retains exclusive jurisdiction over that decree and any subsequent custody disputes.”
Jennifer McClain Swan v. Frank Edward Swan (Tenn. Ct. App. 2008). · cites it 2× “The Circuit Court would have had jurisdiction under Tenn. Code Ann. § 16-10-108 concurrent with the Chancery Court to enter a Permanent Parenting Plan with regard to the Children if the matter had been filed originally in Circuit Court rather than Chancery Court.”
Nancy Ann McCracken Sizemore v. Steven Douglas Sizemore & Nancy Ann McCracken Sizemore v. Steven Douglas Sizemore (Tenn. Ct. App. 2007). · cites it 2× “§ 16-11-110 (1994); see also T.C.A. § 16-10-108 (1994). The real issue in this case pertains to the doctrine of “former suit pending.”
Aziza Kljajic v. Mirzet Kljajic (Tenn. Ct. App. 2003). · cites it 2× “2 T.C.A. §16-10-108. Divorce-Adoption-Trustees.”
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