Tennessee § 31-1-105 - Fraudulent conveyance to defeat share voidable.
Full text of Tennessee Tennessee Code Annotated § 31-1-105 — Fraudulent conveyance to defeat share voidable., with citation guidance and answers to common questions.
§ 31-1-105. Fraudulent conveyance to defeat share voidable.
Any conveyance made fraudulently to children or others, with an intent to defeat the surviving spouse of the surviving spouse's distributive or elective share, is, at the election of the surviving spouse, includable in the decedent's net estate under § 31-4-101(b) , and voidable to the extent the other assets in the decedent's net estate are insufficient to fund and pay the elective share amount payable to the surviving spouse under § 31-4-101(c) . Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-105, 31-616; Acts 2002, ch. 735, § 4. Cross-References. Elective share of surviving spouse, title 31, ch. 4. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 811, 812. Law Reviews. Conveyances Affecting the Surviving Spouse's Elective Share: Tennessee's Past and a Look to the Future, 57 Tenn. L. Rev. 677 (1990). Descent and Distribution — Fraudulent Conveyances — Intent to Deprive Surviving Spouse of His or Her Distributive or Elective Share, 50 Tenn. L. Rev. 551 (1983). Intestate Succession in Tennessee (Douglas P. Quay), 8 Mem. St. U.L. Rev. 63 (1978). Protection Against Spousal Disinheritance: A Critical Analysis of Tennessee's New Forced Share System, 28 U. Mem. L. Rev. 561 (1998). TennCare: Expanded Estate Recovery - Recover at ALL Cost, 45 U. Mem. L. Rev. 711 (2015).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 31-1-105
What does Tennessee Code Annotated § 31-1-105 cover?
Section 31-1-105 ("Fraudulent conveyance to defeat share voidable.") 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 § 31-1-105?
A common citation format is "Tennessee Code Annotated § 31-1-105" (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 § 31-1-105 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.