In Tennessee, property owned by one partner previous to marriage is usually thought-about separate property. This contains actual property, like a home. Separate property stays individually owned except it’s commingled with marital property or a partner deliberately provides the opposite partner’s identify to the title. For example, if one partner purchases a house earlier than the wedding after which, after marriage, makes use of joint funds to pay the mortgage, a portion of that dwelling’s fairness could possibly be deemed marital property topic to division upon divorce. Equally, including a partner’s identify to the deed may convert separate property to marital property.
Understanding the excellence between separate and marital property is essential in Tennessee divorce proceedings. This classification immediately impacts how property are divided upon dissolution of the wedding. Sustaining clear information of premarital asset acquisition, akin to retaining the unique deed and buy agreements, can considerably simplify property division within the occasion of divorce. Traditionally, Tennessee regulation has acknowledged the significance of defending premarital property, reflecting societal values about particular person possession and monetary independence.