In Tennessee, funds or assets received by a spouse from a third party or entity in the form of a gift constitutes separate property meaning a Court cannot distribute any portion of it to the other spouse in a divorce proceeding. The statute defines “separate property” to include “[p]roperty acquired by a spouse at any time by gift[.]” Tenn. Code Ann. § 36-4-121(b)(2)(D) Classification of particular property as either separate or marital is a question of fact to be determined in light of all … [Read more...]
Spouse is not entitled to inheritance as separate property in Tennessee
April 9, 2019 by
In Tennessee, funds or assets inherited constitutes separate property meaning a Court cannot distribute any portion of it to your spouse in a divorce proceeding. This is in contrast to marital property which is any asset acquired during the course of the marriage regardless of how it appears on any title of interest. If you have received an inheritance and wish for it remain separate property, then it is important that you segregate those funds or assets from any joint account or application … [Read more...]
Transmutation of marital property in Tennessee
April 4, 2019 by
What is Transmutation of marital property in Tennessee? Simply put, assume John and Jane are a happy couple looking forward to their wedding day with lofty bliss that forever means forever. John has inherited $100,000.00 from the death of his father and deposited into John's sole checking account. Jane has been successful at her company and participated in a 401k and her pre-marital balance is $50,000.00. John's inheritance and Jane's 401k balance are each separate property that is theirs … [Read more...]
Elements for a Charge of Assault and Battery
February 5, 2019 by
The distinction between an assault and battery and Tennessee is very little and battery falls within the definition of assault in the criminal code. Historically battery was a separate act and crime requiring actual physical contact and considered a completed assault. Modern statutes now join the separate elements of assault and battery into assault as defined below. The elements for assault set out in T.C.A. 39-13-101 are the following: A person commits assault who: (1) … [Read more...]
Tennessee Orders of Protection
January 15, 2019 by
An Order of Protection is an Order signed by a judge upon a Petition prohibiting you from contacting or going near another person. Tennessee law on orders of protection are often misunderstood as only applying in circumstances of where a domestic relationship exists. This does not apply in the context of harassment and stalking where an order of protection can be issued without such a domestic relationship.If the victim happens to be a minor child at the time of the incident, then the guardian … [Read more...]
Is the other parent of your child willfully under-employed to avoid paying child support?
January 14, 2019 by
Tennessee courts can modify child support up or down if a parent has a significant change in income. However, courts won't allow a noncustodial parent to decrease child support if he or she is willfully unemployed or underemployed. There are a number of factors to determine whether the other parent of your child is willfully and/or voluntarily unemployed and/or underemployed.The Guidelines do not presume that a parent is willfully underemployed. TENN. COMP. R. & REGS. … [Read more...]
