What is considered marital property in Tennessee?
- HRC Law
- Jun 25
- 2 min read
Updated: Jun 25
In Tennessee, marital property is defined as all property acquired by either or both spouses during the course of the marriage, up to the date of final separation. This includes both tangible and intangible assets.
Key Elements of Marital Property in Tennessee
According to Tennessee Code Annotated § 36-4-121, marital property includes:
Income earned by either spouse during the marriage
Real estate purchased during the marriage (even if only one name is on the deed)
Vehicles bought during the marriage
Retirement accounts and pensions accrued during the marriage
Investment accounts, stock options, or bonuses earned during marriage
Bank accounts funded with marital income
Furniture, appliances, and other household goods
Businesses started or significantly grown during the marriage
What’s Not Marital Property? (Separate Property)
These are usually not subject to division in divorce:
Property owned before the marriage
Gifts and inheritances received by one spouse alone (unless co-mingled)
Personal injury settlements (except for loss of wages or medical bills paid with marital funds)
Property excluded by a valid prenuptial or postnuptial agreement
Co-Mingling: A Big Exception
Separate property can become marital if it is mixed with marital funds or used for marital purposes.
Examples:
Using inheritance money for a down payment on the marital home
Depositing separate funds into a joint bank account and using it jointly
Property Division: Equitable, Not Equal
Tennessee is an equitable distribution state, which means marital property is divided fairly, but not necessarily 50/50. The court considers factors like:
Length of the marriage
Each spouse’s financial contributions and future needs
Age, health, and earning capacity
Custodial arrangements for children
Navigating the division of marital property during a divorce? Reach out to our attorneys to help you through the divorce process.