Unique Separate Property In Tennessee Marriages
Generally, any property that a spouse brings into a marriage in Tennessee is considered separate property, and anything acquired during the marriage is considered marital property. However, there are a few unique items that can be considered separate property no matter when they are acquired by a spouse. At Fort, Holloway, & Rogers our experienced Tennessee family law attorneys can help identify the separate and marital property in your divorce as well as represent your best interests throughout the legal process. To learn more, call or contact our office today to schedule a consultation.
One type of unique separate property is an inheritance. If one spouse inherits monetary assets, personal property, or real estate during the course of the marriage it is considered separate property of that spouse. During a divorce, the spouse that inherits gets to keep the entirety of that inheritance, unless the inheritance is commingled with marital property or funds. If that occurs, the inheritance may be considered commingled property and subject to equitable division if it cannot be easily separated from the marital property.
Another type of unique separate property is a gift that is made to a single spouse during the marriage. The same principles apply to gifts as they do to inheritances so long as the gift is made to one spouse and not the couple during the marriage. A gift can include monetary assets, personal property, or real estate but must be kept separate from marital property in order to maintain its status as unique separate property. So long as a gift is kept separate, the spouse that received the gift walks away with it in its entirety in a Tennessee divorce.
The last type of unique separate property is a family pet. While many married couples treat a pet like a member of the family, under Tennessee law a pet is treated the same as personal property in a divorce. This comes as a surprise to many during divorce proceedings, as one spouse may be able to claim a pet as separate property, even though the other spouse was the primary caretaker of the pet during the course of the marriage. If one spouse brings a pet into the marriage, it is considered separate property and remains with that spouse in a divorce, but if the pet was acquired during the course of the marriage it is considered marital property and subject to equitable division in divorce proceedings. To learn more about unique items of separate property in a Tennessee divorce, talk to our office today.
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Unique separate property can have significant personal and monetary value for a spouse that is navigating a divorce. If you have questions about what is considered separate or marital property in your divorce case, call the office or contact us today at Fort, Holloway, & Rogers to schedule a consultation of your case with one of our knowledgeable Franklin family law attorneys now.