In the state of Tennessee can you will your seperate property that you owned before marriage to someone other than your spouse if you have no kids?

You have a very complicated question with alot of issues.  First, the State in which you are domiciled will generally control a person's estate, which means that you and your husband's estates would be controlled by NC law (where you live full time, where you vote, where you work and where you have a driver's license all go into this determination, but I started with the phrase we live in NC).  Outside of that issue, my answer is tempered to assume that NC law is the same as Tennessee law.  First, let's talk about what assets are controlled by a Will (probate assets) and what assets are controlled by a beneficiary (nonprobate).  Anything with a beneficiary would be a nonprobate asset (stocks, life insurance with a beneficiary) and would upon the second of someone's passing, go to the beneficiary named no matter what the person may claim.  So, the beneficiary designation is the end of question of where these assets go.  As to the house, if you and your husband bought the house when you were married, and both of your names were on it, then you would be considered tenants by the entireties and would upon his passing own 100% of the house because it would pass as a nonprobate asset.  If he is the only name on the deed, then it is controlled by his Will.  I have said "controlled by his Will" throughout because question started with can he leave the asset to who he wishes and leave you out.  The answer is yes and no.  First, he can prepare a Will and specify that you do not get anything.  However, most states (TN again being my area of practice) will allow you (there is a deadline to take this step) to elect against the Will and to take certain statutory rights (generally, a State wants to require that a spouse is taken care of) so you would get to be treated as an heir.  Second, in your case, if your husband does not have a Will, his estate will be "intestate" and the State sets his heirs, which are his children and his spouse together.  But, if he has not children, by not having a Will, you would be his sole heir.  Overall, there is a fundamental difference between what each of your say you wish to happen and what the law will prescribe.  This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.