Tennessee Code Annotated
Tenn. Code Ann. § 36-3-502 (2026)
Creditor's rights
✓ current as of May 2026
- (a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
- (b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
- (c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.
Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2); Shan., §§ 3157, 3158; Code 1932, §§ 7839, 7840; T.C.A. (orig. ed.), § 36-605.
Notes of Decisions
Cited in 19
cases, 1988–2017 · leading case: Perkinson v. Perkinson, 802 S.W.2d 600 (Tenn. 1990).
Perkinson v. Perkinson, 802 S.W.2d 600 (Tenn. 1990). “" Section 36-3-501 provides: Notwithstanding any other provision of law to the contrary except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of such…”
Boote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005). “§ 36-3-501 provides as follows: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of…”
Kahn v. Kahn, 756 S.W.2d 685 (Tenn. 1988). “— Notwithstanding any other provision of law to the contrary except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of such agreement shall be binding…”
In Re Est. of Baker v. King, 207 S.W.3d 254 (Tenn. Ct. App. 2006). “§ 36-3-501 reads as follows: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of such…”
Atkins v. Atkins, 105 S.W.3d 591 (Tenn. Ct. App. 2002). “It provides as follows: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of such…”
In Re Est. of Wiseman, 889 S.W.2d 215 (Tenn. Ct. App. 1994). “— Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage which is the subject of such agreement shall be binding…”
Sabra Elaine Ellis O'Daniel v. Rusty Wade O'Daniel, 419 S.W.3d 280 (Tenn. Ct. App. 2013). “§ 36-3-501 (2010) provides: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such…”
Reece v. Elliott, 208 S.W.3d 419 (Tenn. Ct. App. 2006). “§ 36-3-501 deals with antenuptial or prenuptial agreements, and states: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before…”
In Re Est. of Davis, 213 S.W.3d 288 (Tenn. Ct. App. 2006). “— Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenup-tial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding…”
Jimmy D. Ogle v. Julie D. Duff (Tenn. Ct. App. 2017). “We have explained the meeting of the minds requirement as follows: 2 Tennessee Code Annotated section 36-3-501 provides: Notwithstanding any other law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning…”
In Re Est. of Nancy L. Josephson (Tenn. Ct. App. 2012). “The statute reads in its entirety: Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of…”
In Re Est. of Carl Robin Geary, Sr. (Tenn. Ct. App. 2012). “§ 36-3 - 501, which states: Nothwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such…”
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