Full question:
My mother gifted to me in her will her old family farm. I have a quitclaim deed to me and my husband from her. When she dies it will be part of my inheritance from her. My husband now wants a divorce. In Tennessee is he able to claim any of this property.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Tennessee
Answer:
Tennessee follows an equitable distribution approach for dividing property during a divorce. This means property and debts are divided fairly, but not necessarily equally. Inheritances and gifts are usually considered separate property. However, if the property is deeded to both you and your husband, the court will determine whether it is marital property based on the specific facts and documents involved.
A gift from a third party to one spouse during marriage is generally that spouse's separate property. Gifts given to both spouses are usually considered marital property. Additionally, gifts exchanged between spouses during the marriage are treated as marital property subject to equitable distribution.
Real estate given to both parties by a relative and held as tenants by the entirety is typically classified as marital property. The court considers several factors when dividing property, including:
- The duration of the marriage.
- The age, health, vocational skills, employability, earning capacity, and financial needs of each spouse.
- The contributions of each spouse to the other's education or earning potential.
- The ability of each party to acquire future assets and income.
- The contributions of each party to the acquisition, preservation, appreciation, or depreciation of marital or separate property.
- The value of each party's separate property.
- Any other factors necessary for equitable distribution.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.