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Question about seperate v.s marital property.

Nashville, TN |

Married in 2009. 2 small children involved. In 2010, mother passed leaving inheritance. Purchased home(3) with inheritance money from my(separate) account. Was told that I could not purchase without his signature. Husband has not assisted in upkeep of the household, utilities, insurance, furnishings, or taxes. Husband has not worked a full time job since 1 month after the marriage. Only one bill in his name(internet). Also own 2 other houses(one inherited and one before marriage), timeshare, and commercial cleaning business. Willing to give up business but he is moving out of town with no intention of regular visitation so will be forced to sell. Is he entitled to half of the house(3) value, equitable distribution or can it be considered a separate asset?

Attorney Answers 2


Short term marriages (which yours is) require that everyone is restored to the position they were in before the marriage. So, home 3 purchased with inheritance will be determined by the Warranty Deed. If he is on the Warranty Deed, then the court may consider that you have transmuted or comingled the asset. If he isn't on the warranty deed though, and only on the deed of trust, then you have a separate asset. As for the timeshare and business, I don't have enough information to determine but it will be very fact specific. If he is leaving and not seeking regular visits then that will be dealt with in the parenting plan and child support worksheet.

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1 lawyer agrees


Without knowing the specific, private facts and circumstances of your case, there is no absolute category for any of this property.

General rule, all property acquired during marriage is marital property, and you work backwards from there.

Sounds like this third house was the one that the children and family lived, this makes it the marital home

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