Tennessee is an equitable division state, which can make divorces more difficult than in other states. Equitable Division does not necessarily mean “equal” division; many factors come into play when determining who gets what in the divorce. If your spouse is spending money on his or her paramour, or if your spouse has wasted marital assets immediately prior to the divorce, or if one of the spouses is disabled or has a much higher earning capacity than the other spouse, among many other factors, then the scales can be tipped in such a way that one spouse may receive more of the marital estate, or liabilities/debts for that matter, than the other.
Who Gets The House In A Tennessee Divorce?
One particularly contentious issue in divorce proceedings is often who gets to keep the family home. In Tennessee, the spouse who has been living in the house at the time of the divorce (the “residential spouse”) will typically be given preference in deciding whether they want to keep it or not. If the residential spouse does not want the home, then it will usually go to the other spouse (the “non-residential spouse”). However, there are some exceptions to this rule.
For example, if the couple has children together and the residential spouse is awarded primary custody of the children, then the court may order that the home be sold and the proceeds be split evenly between the spouses. This is typically done to ensure that both spouses have a place to live that is suitable for raising children.
Another exception to the rule is if one spouse owned the home prior to getting married. In this case, it may be considered separate property and not subject to division in a divorce.
If you are going through a divorce and have questions about who will get the family home, you should contact an experienced Tennessee divorce attorney. They can help you understand the laws and how they may apply to your specific situation.
Do I Need to Hire a Divorce Lawyer?
While it is not required that you have an attorney to get divorced in Tennessee, it is often in your best interest to at least consult with one. This is especially true if you have complex financial assets or are facing a contentious divorce.
An experienced divorce lawyer can help you understand the law and how it may apply to your specific situation. They can also help negotiate terms with your spouse or their attorney. If necessary, they can represent you in court and fight for your rights.
Can a Divorce Attorney Help Me Keep My House?
In some cases, a divorce attorney may be able to help you keep your house. This will depend on the specific facts of your case and the laws that are applicable in Tennessee. An experienced divorce lawyer can review your situation and give you an honest assessment of your chances of keeping the home. They may also be able to work with your spouse or their attorney to negotiate a settlement that allows you to stay in the home.
If necessary, they can represent you in court and fight for your rights. However, it is important to note that not every divorce lawyer has the experience or skill set necessary to advocate for their clients in this way. You should contact an attorney who specifically practices family law if retaining possession of the family home is important to you. Call us today at 615-970-6448 to get the help you need.