Each state has its own laws regarding how property will be handled during a divorce. If you are getting divorced in Tennessee, the fate of your possessions and assets hang first on what the court is able to determine as marital property and separate property.
What is separate property?
The Tennessee Code on Domestic Relations states that any property you obtained before the marriage or after a separation is considered separate property. If you obtained any assets during the marriage, they can only be considered as separate property if they were given to you as a giftor inheritance, or if they are awarded in court as compensation for future lost wages, future medical expenses, victim of crime compensation or pain and suffering.
What is marital property?
Marital property is defined as any property that was jointly owned by you and your spouse, or that was acquired by either one of you during the course of your marriage. This includes wage contributions, social security disability income and any compensation from a personal injury case.
What happens with marital property?
Your personal property remains yours even through a divorce, but marital property will be divided by the court in a way that it determines to be equitable. In alignment with this intent, the court may decide to sell some of the property or reinvest property titles. In so doing, the court will not give attention to any marital fault.
This article is meant to inform you about property division in your state and is not to be used as legal advice.