Nashville Property Division Lawyer

Most people enter a marriage with their own property and then acquire assets together. As a result, when you separate or divorce, decisions must be made about how to divide up everything you own as a couple.

A Nashville property division lawyer at Burdine Law Firm, PLLC can help you with this important and difficult process. At our firm, we are uniquely focused on helping you envision and create the life you want after divorce or separation. That means working with you to maximize your chances of getting the property that’s important to you and that provides you with the financial security you deserve.

To find out more about how we can help you throughout the process of dividing your property in a Tennessee separation or divorce, give our Nashville divorce lawyers a call at (629) 529-4615 today.

Rules for Property Division in Nashville, Tennessee

Under Tennessee law, you are entitled to keep your own separate property you brought into the marriage after a divorce. However, marital property must be shared between you and your spouse.

In fact, Tennessee Code Section § 36-4-121 states that “in all actions for divorce or legal separation”…  the court may “equitably divide, distribute or assign the marital property between the parties without regard to marital fault in proportions as the court deems just.”

Equitable division means the court divides property fairly, which isn’t always splitting it 50/50. Instead, the law outlines several key factors that the court will consider in determining how marital property should be distributed between the two spouses. These include:

  • How long the marriage lasted
  • The age of each spouse
  • The physical and mental health of each spouse
  • The earning capacity, vocational skills, and employability of each spouse
  • The financial liabilities and needs of each spouse
  • What contributions, if any, each spouse made to the other’s earning power
  • The ability of each spouse to acquire assets in the future
  • How much each person contributed to obtaining and caring for property
  • How much separate property each person had prior to marriage
  • What each spouse’s economic circumstances will be after the property is split
  • Tax consequences of property division
  • Custody of minor children when determining what happens to a shared family home

The court can also consider other factors it thinks are necessary to divide property in a way that is fair.

How Can a Nashville Property Division Lawyer Help You?

While Tennessee law establishes a process for courts to decide how to divide up property in a separation or divorce, you don’t have to ask the judge to make these decisions for you. At Burdine Law Firm, PLLC, our Nashville family law lawyers have been able to settle 99% of our client’s cases out of court and pursue an uncontested divorce.

An uncontested divorce can be a less expensive and less acrimonious alternative to a litigated one. You and your spouse can find a compromise on how to divide up property and address other issues. This often means you’ll both be happier with the outcome since you know what matters to you most.

With our successful track record of negotiating, we can often help you craft a property division agreement that works. If no consensus is possible, though, we are ready to fight for you in court and make a strong argument as to why your preferred property division is the most equitable arrangement.

Contact our Nashville property division attorney today at (629) 529-4615 to schedule your free consultation. Learn more about how a skilled asset division lawyer in Nashville can help you to walk away from your marriage with the property you hold most dear — and with the assets you need to rebuild your life after you move on.