What Are the Different Types of Property in Tennessee for Divorce?


In a Tennessee divorce, property is classified as either separate or marital. Separate property is all real and personal property owned by a spouse before marriage, property acquired in exchange for property acquired before the marriage, income from an appreciation of property owned by a spouse before marriage unless characterized as marital property, property acquired by a spouse at any time by gift, bequest, devise or descent, pain and suffering awards, victim of crime compensation awards, future medical expenses, and future lost wages; property acquired by a spouse after an order of legal separation. Marital property means all real and personal property acquired by either or both spouses during the course of the marriage, income from and any increase in value during the marriage of property determined to be separate property if each party contributed to its preservation and appreciation, recovery in personal injury, workers’ compensation, social security disability actions, direct or indirect contribution of a spouse as homemaker, wage earner, parent or family financial manager.

TCA §36-4-121

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