Business 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 […]

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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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Transmutation 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 […]

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TN 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 […]

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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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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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Annuity 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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Separate Property Classification Reversed in Tennessee Divorce: Hayes v. Hayes

Facts: The parties were married for six years. Prior to the marriage, Wife owned the house that became the marital residence. During the first few years of marriage, the parties had a joint checking account from which the mortgage on the marital residence was paid. After approximately four years, Wife established a separate account into […]

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