Tennessee Code Annotated

Tenn. Code Ann. § 26-2-308 (2026)

Procedure to set apart

✓ current as of May 2026

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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:

(1) The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to set apart the homestead out of the real estate so levied on;

(2) The freeholders shall examine the premises and upon oath set apart the homestead, if so desired by the individual entitled to the exemption, and set out in writing the boundaries thereof, and certify that such is the homestead set apart by them, and deliver the same to the debtor; and

(3) The remainder only of such lands so levied on or attached shall be subject to sale, which fact shall be returned on the execution.

Acts 1870, ch. 80, § 3; 1879, ch. 171, § 3; Shan., § 3804; Code 1932, § 7725; Acts 1979, ch. 61, § 6; T.C.A., § 26-309.

Notes of Decisions

Cited in 2 cases, 1981–1982 · leading case: In Re Sivley, 14 B.R. 905 (Bankr. E.D. Tenn. 1981).

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In Re Sivley, 14 B.R. 905 (Bankr. E.D. Tenn. 1981). · cites it 2× “Furthermore, the exemption statute recognizes the right to exempt jointly owned property, without restricting it to entirety property.”

Coffey v. Se. Energy, Inc. (In Re Coffey), 21 B.R. 804 (Bankr. E.D. Tenn. 1982). · cites it 2× “] ” T.C.A. § 26-2-308. “Sale and reinvestment of exempt proceeds.”

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