#separate property

When does a gift to one spouse become marital property in a Tennessee divorce?

Facts: Husband and Wife, the parents of two children, divorced after 18 years of marriage. For most of the marriage, Wife was a stay-at-home parent and homemaker. During the marriage, Husband’s father created a closely held limited partnership known as BCV. When it was created, Husband’s parents each owned 1% interests as general partners and the family trust owned the remaining 98%. Husband and…

When can separate property become marital property in a Tennessee divorce?

Facts: The day after the parties married, Husband closed on purchasing a property where the parties lived throughout their two-year marriage. This is known as the Wade Springs property. To make the down payment on the Wade Springs property, Husband obtained a HELOC on his existing home. Both the sales contract and warranty deed for the Wade Springs property were in Husband’s name only. Also, the…

When can separate property become marital property in a Tennessee divorce?

Facts: Husband and Wife, the parents of two children, divorced after 11 years of marriage. All issues were resolved at mediation except the property issues surrounding two properties Husband owned before the marriage: the Baywood Drive property and the Boatdock Road property. The parties found, purchased, and lived in the Baywood Drive property before their marriage. The property was titled only…

How can separate property become marital property through commingling or transmutation in Tennessee?

Facts: Husband’s parents gave him a piece of real estate in 1994 that remained titled only in his name since then. When the parties married in November 1996, they were building the marital residence on the piece of real estate Husband received from his parents. They moved into the marital residence after construction concluded in January 1998 and lived there until they separated in July…