Tennessee Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage

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This form is a checklist of matters to be considered in drafting an agreement for division or restoration of property in connection with a proceeding for annulment of a marriage.
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  • Preview Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage
  • Preview Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage

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FAQ

For purposes of this subdivision (c)(5), dissipation of assets means wasteful expenditures which reduce the marital property available for equitable distributions and which are made for a purpose contrary to the marriage either before or after a complaint for divorce or legal separation has been filed.

When it comes to property division during divorce, Tennessee is considered an equitable distribution state. Essentially, this means that marital property is divided fairly and reasonably, not necessarily 50-50.

Under the laws of the state of Tennessee, property inherited is considered separate property which means it is not subject to distribution upon divorce. However, there are certain circumstances that can change the nature of the asset and convert it to marital property.

In Tennessee, grounds for an annulment are: Insanity. Underage spouse (see Tennessee Code § 36-3-105) Incest. Bigamy. Duress (i.e., forced coercion) Fraud. Impotence. Refusal of marital rights, such as living together or consummation.

Ing to Tennessee law regarding divorce and annulment, marital property is defined as anything that was acquired by both spouses from the date the marriage began to the date that the marriage is officially dissolved. There are exceptions to the rule and the judge presiding over the divorce decides any exceptions.

Ownership as Tenancy by Entirety is only available to married couples. Under Tennessee law, a married couple can own property (both real and personal property) as tenants by the entirety.

In most cases, the marital home is considered marital property. This means that courts will have to decide who will get to keep the house if both parties cannot agree on what to do with the house (sell it and split the profits, give the house to one party in exchange for something else, etc.).

Ing to Tennessee code § 36-4-121, the judge will split all marital assets equitably during a divorce. An equitable split doesn't necessarily mean that assets will be split 50/50. It means the division depends on circumstances such as each spouse's financial situation and their ability to earn an income.

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Tennessee Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage