Tennessee Code Annotated
Tenn. Code Ann. § 36-5-903 (2026)
Rebuttable presumption as to ownership
✓ current as of May 2026
- (a) There shall be a rebuttable presumption concerning property that is subject to this part, except where otherwise clearly noted by the evidence of title or otherwise, or where by law ownership of property is otherwise clearly stated, that at least one-half of all real or tangible personal property that is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien provisions of this part.
- (b) All jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor.
Acts 1997, ch. 551, § 12.
Notes of Decisions
Cited in 3
cases, 2015–2017 · leading case: In re Grace N. (Tenn. Ct. App. 2015).
In re Grace N. (Tenn. Ct. App. 2015). “As the percentage of Father‟s ownership in the rental property was not established pursuant to Tenn. Code Ann. § 36-5-903 ,[6] the Court presumes that Father‟s ownership interest in the Fatherland Street property is fifty percent (50%).”
In Re Grace N. (Tenn. Ct. App. 2017). “property that is titled to or in the possession of the obligor is owned by the obligor,” see Tenn. Code Ann. § 36-5-903 , we noted that a presumption of one-half ownership had been overcome as the Fatherland Property deed reflected that the property was jointly owned by Father…”
In Re Grace N. (Tenn. Ct. App. 2017). “property that is titled to or in the possession of the obligor is owned by the obligor,” see Tenn. Code Ann. § 36-5-903 , we noted that a presumption of one-half ownership had been overcome as the Fatherland Property deed reflected that the property was jointly owned by Father…”
— Tenn. Code Ann. § 36-5-903(a) — 1 case
In re Grace N. (Tenn. Ct. App. 2015). “As the percentage of Father‟s ownership in the rental property was not established pursuant to Tenn. Code Ann. § 36-5-903 ,[6] the Court presumes that Father‟s ownership interest in the Fatherland Street property is fifty percent (50%).”
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