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Regarding TN law: If a couple have been married for 5 years,

Customer Question
Regarding TN law: If...

Regarding TN law: If a couple have been married for 5 years, have 1 child together and they are planning a divorce. Does the wife have any ties to the house that is solely in the husbands name and the wife has never worked or contributed to the house whatsoever?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

TN

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

Submitted: 4 months ago.Category: Family Law
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Answered in 5 minutes by:
1/18/2018
Family Lawyer: RayAnswers, Lawyer replied 4 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,136
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

Was the house purchased during the 5 year marriage or before, it matters,thanks.

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Customer reply replied 4 months ago
During
Family Lawyer: RayAnswers, Lawyer replied 4 months ago

It is marital property then the divorce court has to decide who gets to occupy and who has to leave.Both here have marital interest even if it is in your name only she has equitable interest under Tenn law to half.

I appreciate the chance to help you today.Thanks again.Let me know if you have more.

If you can positive rate 5 stars when we are done it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

Reference

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. 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. § 36-4-121(c).

An equitable division does not always mean an equal division of property. In other words, marital property will not always be divided 50/50. Also, equitable division does not mean each party will receive a share of every piece of marital property.

Sometimes a court will give an entire asset to one spouse.

A trial court will classify all property as either marital or separate. Property acquired during the marriage is marital property. When classifying marital property, record title is not always determinative.

Separate property, also known as non-marital property, generally consists of all real and personal property owned before marriage, gifts, and inheritances.

As stated above, only marital property is divided. Each spouse will keep his or her separate property.

Tennessee Property Division Factors

Under Tennessee law, the following factors are considered by the court in equitably dividing marital property:

1) The duration of the marriage;

2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;

3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;

4) The relative ability of each party for future acquisitions of capital assets and income;

5) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role; (who contributed more, who performed marital role more, and why)

6) The value of the separate property of each party;

7) The estate of each party at the time of the marriage;

8) The economic circumstances of each party at the time the division of property is to become effective;

9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;

10) The amount of social security benefits available to each spouse; and

11) Such other factors as are necessary to consider the equities between the parties.

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