Presumption of Gift of Separate Property Rebutted in Jackson, Tennessee Divorce: Harper v. Harper
When can separate property become marital property in Tennessee?
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Classification 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 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 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 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 MoreEquitable 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 […]
Read MoreDispute 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 […]
Read MoreClassification 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 […]
Read MoreClassification 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 […]
Read MoreJoint Bank Account Leads to Post-Divorce Lawsuit in Nashville: In re Estate of Ellis
Facts: Husband and Wife were married for over 15 years before they divorced. During their marriage they owned joint accounts at the Educators Credit Union and Suntrust Bank with rights of survivorship. The parties entered into a Marital Dissolution Agreement (“MDA”) that was incorporated into their Final Decree of Divorce. Wife was represented by counsel in connection […]
Read MoreAnnuity Acquired During Marriage Classified as Separate Property in Jefferson City Divorce: Willocks v. Willocks
Facts: The parties separated after 13 years of marriage. Husband accumulated a sizeable estate prior to the marriage, mostly through an inheritance. The trial court divided the marital estate and awarded Wife alimony in futuro. The only issue of interest to me is the annuity valued at $202,000. Husband purchased the annuity during the marriage […]
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