Tennessee § 26-2-308 - Procedure to set apart.
Full text of Tennessee Tennessee Code Annotated § 26-2-308 — Procedure to set apart., with citation guidance and answers to common questions.
§ 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 set apart the homestead out of the real estate so levied on; 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 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. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 652. Tennessee Jurisprudence, 13 Tenn. Juris., Exemptions From Execution and Attachment, § 7. Law Reviews. Bankruptcy Law — Nobelman v. American Savings Bank: Permissibility of Bifurcating and Modifying Homestead Mortgages, 24 Mem. St. U.L. Rev. 805 (1994).
Frequently Asked Questions About Tennessee § 26-2-308
What does Tennessee Code Annotated § 26-2-308 cover?
Section 26-2-308 ("Procedure to set apart.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 26-2-308?
A common citation format is "Tennessee Code Annotated § 26-2-308" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 26-2-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.