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Property Division Archives

What happens to marital debts and liabilities after divorce?

Money is often at the heart of many heated disagreements between spouses in Nashville. Spouses may fight over how each partner spends money individually, or what they should spend their money on collectively. They may have very different core values about how to handle the family finances. Sometimes, these situations are so stressful and contentious that the parties determine that it has affected their marriage to the point where getting a divorce is the best way for each spouse to move forward.

We protect our clients' rights in the property division process

Of the many decisions that come when a couple in Nashville enters the divorce process, one of the most confusing and sometimes contentious issues has to do with how to divide their property. Determining what property is marital and what is separate is not always straightforward, especially in the absence of a prenuptial agreement. Moreover, understanding what equitable division means is not always easy.

What is commingling in property division?

When it comes to divorce in Tennessee, couples must determine what property is "marital," and subject to division, and what property is "separate," which is not. In general, property obtained during the course of the marriage is marital property, unless a prenuptial agreement states otherwise.

How should IRAs be split during property division?

When divorcing couples in Nashville think about property division, their immediate concerns may involve their tangible assets. Who gets the house, furniture and electronics, among other pieces of personal property? However, they should keep in mind that some of their most valuable assets are intangible property. Retirement accounts are one of these assets. It is important that retirement accounts are divided fairly, but there are rules involving the division of a retirement account that do not apply to tangible property.

What effects does a divorce have on one's mortgage?

As the song goes, "Be it ever so humble, there's no place like home." However, most people in Tennessee have to take out a mortgage in order to purchase a home. Sometimes, though, a couple's marriage fails before their mortgage is paid off, leading them to wonder what happens to the mortgage after divorce.

Is an inheritance subject to property division?

When a person in Nashville loses a loved one, they may receive an inheritance, some of which can be quite substantial. Of course, nothing in life is predictable, and sometimes a couple that was once happily married eventually finds that their marriage is no longer viable and they are best off divorcing. When that happens, what happens to the inheritance one of the spouses was given?

Divorce in Nashville means splitting marital assets

As married couples in Nashville move forward through the years, they usually amass many types of property that have a lot of sentimental and financial value. They may buy their first home, then later on, a vacation home. These homes are filled with furniture, electronics, appliances and artwork. They may own several vehicles or even a boat. They may also have retirement accounts, stocks and other financial accounts. They may even share a family business together. When combined, the total value of these assets can amount to thousands or, in some cases, even millions of dollars.

How does "equitable division" work in a Tennessee divorce?

Summer is popular for weddings. And, whether a couple is newlywed or have spent decades married, they may assume that the good times will last forever. However, not every marriage is meant to last, and some couples divorce. When they do, they must address property division.

Pre-wedding plans for post-wedding property division

Brides.com is all about some of the things some women focus on in the days leading up to a wedding: rings, gowns, receptions and honeymoons. The site is also willing to take peeks inside topics that can be difficult for brides to broach but important to tackle.

Supreme Court restricts spouse's share of military retirement

A recent United States Supreme Court ruling could affect some of the many Nashville residents who are former members of the military or are married to veterans. Earlier this week, the high court ruled that states cannot raise an ex spouse's share of military retirement pay to compensate for lost benefits when the veteran receives disability pay.

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Stanley A. Kweller, Attorney at Law
214 Second Avenue North, Suite 103
Nashville, TN 37201

Nashville Law Office

Phone: 615-208-9691
TF: 866-568-5306
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