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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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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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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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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Classification of Lawsuit Proceeds as Marital Property and Valuation of Unvested Pension in Tennessee Divorce: Lane v. Lane

Facts: Shortly after marrying in 2006, Husband was injured at work. When Husband was injured and unable to work, Wife cared for him. He filed a workers’ compensation claim and a products liability lawsuit and received financial settlements from both. Wife was also named as a co-plaintiff in the products liability lawsuit. Husband claimed that he and Wife […]

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Presumption of Transmutation of Separate Property Rebutted: Bowers v. Bowers

Facts: During an eight year marriage, the parties kept their finances separate except for a joint account that was rarely used. Husband moved into Wife’s residence on Loma Dr., which was Wife’s separate property. Husband funded a renovation of the basement of the Loma Dr. property, for which he was reimbursed by Wife. The parties […]

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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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