Property 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 […]

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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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Modification of Marital Dissolution Agreement Rejected in Dandridge, TN Divorce: Worgan v. Worgan

Facts: The parties were divorced by agreement. Their Marital Dissolution Agreement provided, in relevant part: “Husband and Wife expressly certify and acknowledge they have entered this Agreement upon mature consideration, that they have each fully disclosed all of their assets, and that all of said assets have been distributed herein.” The trial court incorporated the […]

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Dissipation of Marital Property in Ashland City Divorce: Lloyd v. Lloyd

Facts: After 31 years of marriage, Wife filed for divorce. Shortly after the divorce action was filed, Husband pleaded guilty to two counts of first-degree murder and was sentenced to life without parole on each conviction. Husband remains incarcerated. The surviving spouse of one of Husband’s victims obtained a $12 million judgment against Husband for […]

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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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Classification of Marital Property Reversed in Cookeville Divorce: Huddleston v. Huddleston

Facts: Husband and Wife were married in 1969. Husband entered the marriage owning a farm as his separate property. The proof showed that through most of the marriage Wife maintained the marital home and performed the duties of homemaker such as laundry, ironing, cleaning, cooking meals, gardening, canning and freezing food from the garden, raking […]

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Classification of Marital Appreciation of Separate Property Reversed in Brentwood Divorce: Telfer v. Telfer

Facts: During the marriage, Wife’s father gave her ownership interests in two family companies in order to avoid the payment of gift and inheritance taxes upon his death. As a result, the parties had significant tax liabilities. Income from the companies was included in the parties’ joint income tax returns. However, the parties received no […]

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Unclean Hands Leads to Loss of Property in Sparta Divorce: Jolley v. Jolley

Facts: After 28 years of marriage, Wife filed for divorce. Husband and Wife owned a piece of property with unrelated Third Party. A few months after the divorce was filed, Husband transferred his interest in the property to his sister and brother-in-law. Third Party then filed a partition action that named Husband and Wife as […]

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