Joint Ownership of Property after Divorce Affirmed in Chattanooga, Tennessee: Brown v. Brown
When can a Tennessee court keep divorced parties jointly responsible for a debt?
Read MoreTag: Property Division
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 […]
Read MoreFailure to Refinance Mortgage Disputed in Jackson, Tennessee Divorce: Ingram v. Ingram
Must a spouse who receives the marital home always refinance the mortgage out of the other spouse’s name?
Read MoreInterpretation of Marital Dissolution Agreement Resolved in Knoxville, Tennessee Divorce: Ramsey v. Reso
What happens when a marital dissolution agreement is poorly drafted? This.
Read MoreDivision of Property Reversed in Williamson County, Tennessee Divorce: Telfer v. Telfer
When is an unequal division of marital property reversible error?
Read MorePretrial Stipulation and Continuance Examined in Memphis, Tennessee Divorce: Watts v. Watts
Facts: Husband and Wife divorced after 20 years of marriage. Husband owned three small businesses. In May 2015, husband and Wife filed with the trial court a written stipulation that they would hire Mr. Orndorff to value two of the businesses. They agreed to stipulate that whatever values Mr. Orndorff placed on the businesses would […]
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 MoreEquitable Division of Marital Property and Award of Attorney’s Fees Reviewed in Chattanooga, TN Divorce: Talley v. Talley
Facts: Husband and Wife were married for 26 years. They have two adult children. At the time of divorce, wife was 63 years old and retired because of health issues. Husband was 59 years old and earned $74,000 working as a mechanical engineer. The trial court awarded marital property valued at $542,763 to Wife and […]
Read MoreWhen Couples Divorce, Who Gets to Keep the Dog? (Or Cat.)
I found this article by Christopher Mele in The New York Times to be of interest. When Couples Divorce, Who Gets to Keep the Dog? (Or Cat.) When couples get divorced, children are not the only ones who can get caught in custody disputes. Fights over other members of the family — beloved pets — […]
Read MoreEqual Division of Marital Property and Low Amount of Alimony Modified for Abuse of Discretion in McMinnville, TN Divorce: Gant v. Gant
Facts: The parties divorced after 40 years of marriage. Both were 64 years old at the time of trial. Husband is a college graduate who is an executive in a company owned by his family, where he earns between $40,000 and $67,000 per year. He is healthy and has no present plan to retire. Wife […]
Read MoreUnequal Division of Marital Property in Long Marriage Affirmed in Franklin, TN Divorce: Davis v. Davis
Facts: Husband and Wife divorced after 26 years of marriage. They have two children, both of whom are now adults. Husband is 51 years old. Wife is 52. Husband, a retired Air Force veteran, works as a pilot for FedEx. Wife worked as a teacher but retired in 2012 because of health issues. The trial […]
Read MoreCourt Reversed for Not Following Its Own Order in McNairy Co., TN Divorce: Hudson v. Hudson
Facts: Husband and Wife were divorced after 12 years of marriage. The trial court divided 68 acres of marital property into three separate tracts. Wife was awarded the marital home with three acres. Because Wife’s mother occupied a mobile home located on the 68-acre tract, Wife was also awarded 10 acres where the mobile home […]
Read MoreDivision of Military Retirement in Murfreesboro, TN Divorce: Collins v. Collins
Facts: Husband and Wife divorced after 18 years of marriage. On the day the case was scheduled to go to trial, Husband and Wife entered into a written agreement signed by both parties and their lawyers where Husband agreed, in relevant part, to pay Wife $2100 from his monthly military retirement benefit of $3678. The […]
Read MoreCourt Fails to Force Sale of Home to Remove Party from Mortgage Debt in Wilson County, TN Divorce: Henegar v. Henegar
Facts: Husband and Wife divorced after six years of marriage. There was no equity in the marital residence. Both parties were listed as co-borrowers on the mortgage. The appraised value of the home was $147,100. Several judgment liens were filed against the marital home for credit card debt and medical bills, and at the time […]
Read MoreDivorce and the Shared Mortgage
This article by Lisa Prevost in The New York Times may be of interest. Divorce and the Shared Mortgage Deciding what to do with the house can be a major quandary for couples getting a divorce, particularly when they share a mortgage. When there is equity in the home, each spouse typically wants to take […]
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