Law Office of David L. Scott

How Does the Law in TN Treat the Division of Property in a Divorce?

Tennessee is an equitable distribution state, which means that the law requires judges to divide marital property in the fairest possible way, even if it results in an unequal division.

Stand-up comedians have been cracking jokes about ex-wives taking half of their ex-husbands’ hard-earned money since the earliest days of no-fault divorce, but it has never been the case, at least not in Tennessee. First, your ex-spouse is not entitled to a share of all your property; only marital assets are subject to division in a divorce. This means that your ex probably will not be able to get her hands on the fishing boat you bought before you were married or the house you inherited from your uncle, provided that you and your spouse never lived in the house together. Not only does your ex not get a share of your separate property, but she also might not get half of the marital property. To find out more about the equitable distribution of marital property in divorce cases, contact a Murfreesboro divorce lawyer.

How Does the Court Decide What is Fair?

“Equitable” is just a legalese way of saying “fair,” and if you have ever witnessed your children’s sibling rivalry, you know that “fair” is a subjective term.  Tennessee law does not have a mathematical formula for determining the division of marital property like it does for child support, but it does aspire to certain principles of justice, such as the following:

Contact David L. Scott About the Division of Marital Property in Divorce

A family law attorney can help you get your fair share of marital property in divorce. Contact David L. Scott in Murfreesboro, Tennessee, or call (615)896-7656 to set up a consultation.

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