RICHTER FAMILY
LAW GROUP, P.C.

When making a division of property, the judge must first classify the property as either “marital property” or “separate property.” This distinction is vital because Tennessee law provides only for the division of marital property. The goal in dividing a marital estate is to be equitable. In attempting an equitable division of marital property, the judge will consider factors such as the duration of the marriage; contributions by one party to the education, training, or increased earning power of the other party; and the contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property. This means, then, that the division will not always be equal.

 

Judges will also consider the economic circumstances of each spouse at the time of division. This often includes considering which parent will be the primary residential parent of the children. The family home is often awarded to the primary residential parent under the theory that the children need continuity. That need is met by allowing the children to continue to live in the same home.

 

At Richter Family Law Group, P.C., we understand the law as it applies to property division in Tennessee. We also understand how to identify the separate property and if necessary trace its transformation into marital property. In Tennessee, judges can differ significantly in their approach to the issue of property division. Our lawyers have experience with the local judges and understand how to persuasively present your case to the court.

 

We serve clients in Nashville, Franklin, Murfreesboro, Memphis, Germantown, Millington, Cordova, Bartlett, Collierville, and all of West and Middle, Tennessee.