Unequal Property Division Affirmed in Lebanon, Tennessee Divorce: Dewald v. Dewald

Facts: Wife was a 19-year-old college student when she met Husband, then 27 years old. Within a few weeks after meeting, Wife dropped out of college and moved in with Husband. They married six months later and have one son. When they married, Wife entered the marriage with, according to the trial court, “nothing but the […]

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In 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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Divorce Advice: Dividing Assets and Liabilities

Dividing Assets and Liabilities Most assets acquired by the parties during the marriage are considered joint or marital property. Likewise, most debts incurred during the marriage are considered joint obligations. Assets received as gifts, inheritance, or assets owned by the parties before the marriage are typically considered that spouse’s separate property. Tennessee has statutes that […]

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Equitable Division Splits Court in Bradley Co., TN Divorce: Hoggatt v. Hoggatt

Facts: The parties divorced after 13 years of marriage. Husband worked throughout the marriage until he became disabled approximately four years before the divorce. Wife did not work until around the time Husband became disabled. In 2006, Wife inherited money that she deposited into the parties’ joint checking account each quarter when it was received. In […]

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Interpretation of QDRO and Marital Dissolution Agreement Reversed in DeKalb County Divorce: Macy v. Macy

Facts: When the parties settled their divorce case, they executed a marital dissolution agreement (“MDA”) that provided in relevant part: As a division of marital property, the husband will pay to the wife the sum of $115,000.00, which shall be paid from his retirement account…. The parties agree that wife shall receive the total sum of […]

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Dispute Over Property Classification and Equitable Division in Memphis Divorce: Luttrell v. Luttrell

Facts: Prior to the beginning of this 25 year marriage, Wife’s grandparents made her the beneficiary of a substantial trust fund. Throughout the marriage, Wife kept the trust assets in investment accounts titled solely in her name. Because of Wife’s considerable wealth, Wife was able to be a stay-at-home mother while Husband worked. At various […]

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Property Classification and Equitable Division: Dilley v. Dilley

Facts: Husband and Wife were divorced after a seven-year marriage. Prior to the marriage, Wife purchased a lot that would later house the marital residence using $61,000 of her premarital funds. Several years into the marriage, Wife refinanced the mortgage, at which time the deed was placed in the names of both parties. When it […]

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