Tennessee § 36-3-502 - Creditor's rights.
Full text of Tennessee Tennessee Code Annotated § 36-3-502 — Creditor's rights., with citation guidance and answers to common questions.
§ 36-3-502. Creditor's rights.
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. 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. 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. Cross-References. Registration of marriage contracts or agreements, §§ 66-24-105 , 66-24-106 . Statute of frauds, § 29-2-101 . Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Husband and Wife, §§ 2, 18; 18 Tenn. Juris., Marriage Contracts and Settlements, §§ 3, 11. Law Reviews. Family Law — Randolph v. Randolph: Tennessee Requires Full Disclosure or Independent Knowledge for Antenuptial Agreements To Be Valid, 27 U. Mem. L. Rev. 1021 (1997).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 36-3-502
What does Tennessee Code Annotated § 36-3-502 cover?
Section 36-3-502 ("Creditor's rights.") 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 § 36-3-502?
A common citation format is "Tennessee Code Annotated § 36-3-502" (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 § 36-3-502 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.