30-2-209 - Assignment out of sale proceeds. - Tennessee Statutes

30-2-209. Assignment out of sale proceeds.

If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and five thousand dollars ($5,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of five thousand dollars ($5,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased.

[Acts 1873, ch. 98, § 1; Shan., §§ 3808, 4145; mod. Code 1932, §§ 7729, 8357; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 16; 1979, ch. 61, § 9; T.C.A. (orig. ed.), § 30-912; Acts 1985, ch. 140, § 11.]