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In a divorce action in Tennessee, marital property is divided; separate property is not. Property division is the term used by courts and lawyers for describing this process. Property division requires that all property be identified, classified, and valued. Tennessee is an equitable distribution state.
In Tennessee, anything acquired during marriage by either partner, is considered marital property. This refers to more than just your paycheck, but also includes real property, businesses, investments, credit cards, loansessentially any kind of increase or decrease to your family unit.
Tennessee is not a community property state. If you are and your spouse are actually able to agree on who gets what, you may file a Marital Dissolution Agreement (PDF). However, you must agree on everything in the request; not have minor children; not be pregnant; along with other stipulations.
Sole Ownership in Tennessee Tennessee does not recognize community property, homestead, or dower and curtesy. This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. The only exception to this is when using a deed of trust.
Spousal States: What it Means For Your VA Loan. If you are married and applying for a VA loan in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, there is a surprise complication to the application process due to how marital property is held in these states.
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Tennessee law considers each spouses separate property in determining property division. If one spouse has substantially more separate property, the other spouse is likely to be awarded a greater division of marital property.
Tennessee divorce law is very clear equitable distribution of marital property does not mean equal distribution. Equal division describes awarding 50% to each spouse, also described as a 50/50 split. But it is not unusual for divisions (settlements and trial results) to be close to a 50/50 split.
Tennessee is not a community property state. Regarding the division of marital property in divorce, Tennessee is an equitable distribution state. Equitable distribution means property will be divided equitably according to a set of listed statutory factors.
Tennessee is an equitable distribution state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably according to the factors listed in T.C.A.
Under Tennessee law, only marital property is subject to equitable division upon divorce. Specifically, marital property is defined as any assets or property acquired by either you or your spouse while you are married.

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