Marital Domestic Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts where Divorce Action Filed - Tennessee 2025

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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.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
Tennessees Equitable Distribution System Unlike community property states, where assets are typically divided 50/50, in Tennessee, assets are divided in a manner that the court deems fair and equitable. This doesnt necessarily mean a 50/50 split, but rather a division that takes into account various factors.
For instance, one spouse may get the house, while the other spouse may get more cash and other marital assets instead. However, in divorce cases where children are present, often, the parent with custody will retain the home over the other parent.
Tennessee does not have a set formula for dividing property. Instead, decisions are made by weighing the factors of your individual situation. Andin an equitable distribution jurisdictionthat includes intangible assets.
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If property is classified as marital, that means it will be divided equitably between the spouses in a Tennessee divorce. Divorce laws in Tennessee allow spouses to share marital assets and debts, even if the property or debt is titled only in one spouses name.

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