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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.
Tennessee is an equitable distribution state, which means all shared assets, those that belonged to both spouses during the marriage, are subject to division. Properties owned by one spouse or the other, such as student loans, family inheritance, or personal gifts, will likely remain that persons property.
The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.
The easiest way to divide the equity is in halfyou get 50% and your spouse gets 50%. In community property states, an equal division might be required. However, you might not want to divide it evenly in certain situations. For example, you both might not have made equal contributions to the home.
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.
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Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husbands name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce.
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.
Under Tennessee law, the property that you owned before the marriage or property outlined in a prenuptial agreement is solely owned by you and generally will not be divided in a divorce. Marital property, on the other hand, is anything that you and your spouse acquired during your marriage.
What Items Are Considered Assets in a Divorce? There is a fairly standard list of items that are considered assets in a divorce that is true in most states. This list includes a home or real estate, bank accounts, retirement accounts, any family businesses.
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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