Law Office of David L. Scott

Protecting Separate Property From Division in a Tennessee Divorce

Persons marrying later in life, or entering into second marriages, have often acquired separate property in the form of real estate, investments, and other assets prior to the marriage. Protecting separate property from division by a Tennessee divorce court requires proper identification and management of the separate property. Tennessee divorce courts must classify property as either separate or marital and make an equitable division between spouses. Separate property may include, but is not limited to, the following:

The most common separate property consists of pre-marital contributions to 401(k) and investment accounts and real estate ownership. Divorce courts will treat the value, and appreciation in value, of these assets as separate property unless the court finds the other spouse has substantially contributed towards the preservation and appreciation. Also, contributions towards these assets, and the increase in value of the marital portion of the contributions, is likely to be classified as marital property and is subject to division.

Here are some useful suggestions to identify and protect your separate property:

There are other factors that may be considered in identifying and protecting your separate property. You may call our office at (615) 896-7656, or contact us through our website to schedule a consultation to discuss factors which may identify and protect your separate property in a Tennessee divorce.

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