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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.



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