Division of Property

When it comes to the property division, Tennessee is an equitable distribution state.

The spouses are eligible to solve all the property issues by themselves, making a Marital Dissolution Agreement. However, to do so, they must agree to everything in the request, must not have minor children, and the wife must not be pregnant at the time of the divorce.

Otherwise, the division of the property becomes a court matter. In Tennessee, like in every equitable distribution state, the spouses may get either equal or different shares of marital property after a divorce. The judge doesn’t split all the marital property 50/50 but considers each divorce case separately and decides what proportions would be fair in a particular situation. A lot of factors must be taken into account, among which are each party’s contribution to the family welfare, the length of the marriage, retirement benefits of the spouses, the custody situation, and so on.

Only shared marital property is subject to division. All property acquired by the spouses before the marriage, anything gained in exchange for such a property, and personal gifts and inheritances of each party, is considered to be separate property. Separate property remains with the initial owners.