Tennessee shouldn’t be a group property state. Which means throughout divorce proceedings, marital property are usually not routinely divided equally, 50/50, between the spouses. As a substitute, Tennessee follows the precept of equitable distribution, which goals for a good, however not essentially equal, division of marital property. For instance, if one partner considerably contributed to buying property throughout the marriage whereas the opposite stayed at residence to boost youngsters, a courtroom may award a bigger share of the property to the contributing partner, recognizing their monetary contributions, or to the custodial mum or dad, acknowledging their function in childcare.
The significance of understanding property division legal guidelines lies in its potential influence on monetary outcomes following a divorce. Equitable distribution considers quite a few elements, together with the financial circumstances of every partner, the contribution of every partner to the acquisition of marital property, the length of the wedding, and the worth of every partner’s separate property. Traditionally, this strategy advanced from the common-law system the place possession was sometimes tied to authorized title, towards a extra nuanced recognition of each financial and non-economic contributions to the marital partnership.