Who Gets the House in a Divorce in Tennessee?

Will You Be Able to Keep the House After a Tennessee Divorce?

One of the most challenging issues in a divorce is the division of property between the former spouses. Some items, such as bank accounts, have the potential to be split evenly. Unfortunately, a house presents a more complex problem because spouses usually do not wish to share it following their divorce. A house is a significant investment for most couples, and its purchase is often the result of many years of hard work and saving. A home can also hold meaningful sentimental or emotional value. It may be an inheritance from your family or the place where you raised your children and have happy memories.

So how is ownership of the house determined following a Tennessee divorce? As with most aspects of a divorce, the answer can vary based on your situation. An experienced Clarksville marital assets lawyer can explain the factors that go into deciding who will keep the house in a divorce and the steps you can take if maintaining your home ownership is important to you.

What Are Marital Assets?

It’s essential to familiarize yourself with the state’s laws regarding marital assets, also known as marital property, to understand how the court will determine who gets the house in a Tennessee divorce. At the start of the divorce proceedings, the property owned by the couple will be split into two categories: 

• Marital assets: These assets include all property that was acquired by the couple during the course of the marriage or was used to support marital finances.
• Separate assets: These are items owned by each spouse individually before the marriage or items obtained separately during the marriage. This category may include inheritances, gifts from family or friends, or previously acquired businesses or assets kept separate from the couple’s shared finances.

Why Are the Distinctions Between Marital and Separate Assets Important?

Tennessee is an equitable distribution state. Under state law, marital assets are subject to distribution by the court if the couple cannot decide on their own agreement. Separate assets will remain with the individual who owns them, and they will not be split by the court.

It is vital to understand that equitable distribution does not necessarily mean an equal share of assets for each partner. Instead, it refers to a fair distribution of assets. The court will take into account many factors when deciding what constitutes a fair division of marital property, including:

• The length of the marriage
• Each spouse’s contributions to the marriage, including child-rearing and caring for the home
• The current age, health, and earning capacity of each spouse

What Issues Impact Who Will Keep the House?

If the house was owned by one partner prior to the marriage or was an inheritance from their family, they will generally retain ownership after the divorce. If the topic of home ownership was covered in a pre-nuptial or post-nuptial agreement, then the court will follow the terms of that document unless one party can demonstrate a valid reason why the document should be disregarded. For example, a spouse may have signed the document under duress or without the opportunity to thoroughly read and understand the final agreement and how it would impact them. Disagreements with the pre- or post-nuptial agreement are rare, but if this situation applies to your case, you should contact a divorce lawyer immediately.

In many cases, the house will be considered marital property, and the court will include it in its equitable division of assets. Because a home is often one of the largest assets in a divorce, the court carefully considers who will keep it. Some factors they will use in making their determination include the following:

• The value of the home
• Each spouse’s income
• The cost of home maintenance and taxes
• Which parent has primary custody of the children, and if moving would have a negative impact on the children’s well-being
• Other relevant information, such as one spouse’s desire to stay in the home versus the other spouse’s preference to move

Can You Avoid Allowing the Court to Decide the Matter for You?

If you would rather not leave the division of your marital assets in the hands of the court, mediation or negotiation is a viable option for deciding the distribution of assets. Taking this route allows both parties to craft a marriage dissolution agreement that works best for them. A skilled divorce attorney can work with your former spouse’s legal team to devise a creative solution to the question of who will keep the house following the divorce. Some options you may consider include the following:

• Selling the home and splitting the profits.
• Giving up other marital assets in return for the home.
• Maintaining joint ownership with one partner staying in the house with the children to give them a stable environment.
• Using the home as a secondary residence where both parties can visit and stay.
• Keeping the home in one partner’s name while the other stays in it and pays an agreed-upon amount of rent.

The main limitation to creating an agreement is your ability to reach a compromise with your spouse. Some divorces are contentious, and negotiations may be challenging or impossible. However, your legal team can help you work toward a solution that best fits your situation.

How Can Our Law Firm Help You?

The distribution of assets following a divorce can be complex and emotionally draining. Having a strong legal representative on your side to advocate for your rights is critical to ensuring a fair outcome. If you have concerns about how a Tennessee court might handle the ownership of your home or if you require the assistance of a knowledgeable divorce lawyer, contact the Law Office of Hibbeler & Associates today at 931-236-2711 to schedule a free, confidential consultation.