Presumption of Gift of Separate Property Rebutted in Jackson, Tennessee Divorce: Harper v. Harper
When can separate property become marital property in Tennessee?
Read MoreCategory: Property Classification
Award of Military Retirement Benefits Disputed in Jonesborough, Tennessee Divorce: Lockler v. Lockler
Did a Tennessee judge intend to divide military retirement benefits in a divorce?
Read MoreClassification of Rental Property Reversed in Chattanooga, Tennessee Divorce: Givens v. Givens
Facts: Husband and Wife divorced after 10 years of marriage. Husband owned a rental home on Taggart Drive prior to the marriage. The property was always titled solely to Husband. He and Wife never lived in the property. Husband rented the property prior to and throughout the marriage. Husband purchased the property for $78,000, and […]
Read MoreNo Postnuptial Agreement in Loudon County, TN Divorce: Ogle v. Duff
Facts: On Appeal: Case name (Tennessee Court of Appeals, Western Middle Eastern Section, date). Information provided by K.O. Herston: Knoxville, Tennessee Divorce and Family-Law Attorney.
Read MoreBusiness Goodwill at Issue in Bradley County, Tennessee Divorce: Fuller v. Fuller
Facts: Husband and Wife divorced after 26 years of marriage. Husband is a certified financial planner who owns his owns practice. Husband testified that his practice typically receives two types of income. First, he earns direct commissions from the sale of financial products. Second, he earns resulting income from financial products he previously sold and […]
Read MoreNo Transmutation of $2.4 Million Inheritance Held in Joint Account in Benton County, TN Divorce: Douglas v. Douglas
Facts: Husband and Wife divorced after 18 years of marriage. The issue on appeal involves the classification of a joint account as Wife’s separate property. During the marriage, Wife inherited funds from her late father. She placed them in a Wells Fargo account that was a joint account with a right of survivorship held in […]
Read MoreProtecting Assets in Divorce
This article by Kelli Grant at CNBC may be of interest. Breaking up is hard to do: Protecting assets in divorce Getting divorced has a significant impact on your finances — and some missteps can make it even more costly. Divorce is an issue plenty of Americans will find themselves navigating. In 2014, divorces and […]
Read MoreTransitional Alimony Converted to Permanent Alimony in Bradley County, TN Divorce: Lubell v. Lubell
Facts: Husband and wife married in 1976 and divorced in 1988. They resumed living together in 1989 and married a second time in 1991. Their second marriage lasted 22 years. At the time of the divorce trial, Husband was 58 years old while Wife was 57. The trial court equally divided the marital estate. Husband […]
Read MoreAbility to Designate Life Insurance Beneficiary at Issue in Anderson County, Tennessee: Helton v. Helton
Facts: Husband and Wife divorced after 30 years of marriage. When dividing the marital property, the trial court placed a constructive trust over Husband’s $1.2 million life insurance policy and designated Wife as the trustee. The trial court directed Husband to designate Wife as a one-third beneficiary, each of their two children as a one-sixth beneficiary, […]
Read MoreTennessee Family Law Legislative Update 2015
2015 was a quiet year for family law legislation in Tennessee. The Republican super-majority devoted it’s time to other issues such as preventing a floor vote on the Governor’s “Insure Tennessee” plan to expand Medicaid to low-income Tennesseans, imposing medically-unnecessary restrictions on women’s healthcare, or preventing local governments from prohibiting guns in local parks. While […]
Read MoreProperty Classification Reversed in Bradley Co., TN: Griffith v. Griffith
Facts: Husband and Wife divorced after 15 years of marriage. When the parties married, Husband owned a one-third interest in a family business. He subsequently inherited the remaining two-thirds interest upon the death of his parents during the marriage. Because Husband’s business was failing and producing little income, Wife was responsible for paying most household […]
Read MoreTennessee Divorce and Family Law Legislative Preview 2015
The Tennessee Legislature has begun its 2015 session. Several bills affecting family law have been introduced. Below is a brief summary of some pending family law legislation. Senate Bill 101/House Bill 90: This would allow a child support obligor and the obligee to enter into a written settlement to forgive accrued principal and interest on a child […]
Read MoreTransmutation of Veterans Benefits Affirmed in Tazewell Divorce: Phipps v. Phipps
Facts: Husband and Wife divorced after 39 years of marriage. Prior to their lengthy marriage, Husband served in the Vietnam War. A few months before Wife filed for divorce, Husband received a lump sum award from the Department of Veterans Affairs (“VA”) in the amount of $125,399. The benefits were awarded to Husband as a result […]
Read MoreTN Court of Appeals Divided over Applicability of Prenuptial Agreement: Heaton v. Heaton
Facts: Husband and Wife divorced after seven years of marriage. Prior to the marriage, the parties entered into a written prenuptial agreement, which recites, inter alia, that the parties desired for all separate property obtained by them during the marriage to remain separate. The agreement also provides that the only property to be considered jointly owned […]
Read MoreIn Divorce, Who Gets Custody of the Debt?
The article by Charlie Wells in the Wall Street Journal may be of interest to readers of this blog. In Divorce, Who Gets Custody of the Debt? For many young couples today, marriage means more than loving, honoring and cherishing each other—it also means taking on a spouse’s student loans. And not only does educational […]
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