Gifts to Wife During Marriage Are Her Separate Property
Hanover v. Hanover, 775 S.W.2d 612 (Tenn. Ct. App. 1989). In this 1989 case, after 31 years of marriage, the husband was granted a divorce on the grounds of cruel and inhuman treatment. Among other issues, the wife argued that many pieces of personal property were her individual property, and that the trial court had […]
Read More»Property Lost Prior to Divorce No Longer Exists and Can’t Be Marital Property
Flannary v. Flannary, 121 S.W.3d 647 (Tenn. 2003) In the run-up to Y2K, Mr. Flannary decided that the couple’s money wasn’t safe in the bank. Therefore, starting in September 1999, he started making withdrawals, either $8000 or $10,000 at a time, in hundred-dollar bills. He placed the money, totaling $48,000, in his bedroom drawer, with […]
Read More»Enterprise Goodwill of Dental Practice is Separate When Intertwined with Professional Goodwill
Lunn v. Lunn, No. E2014-00865-COA-R3-CV (Tenn. Ct. App. June 29, 2015). The professional goodwill of a one-person professional practice is the professional’s separate property, and this rule was discussed in the Lunn case. Andrew Lunn, DDS, brought a divorce action against his wife Carole in 2011. They were married in 1995 and had three children, […]
Read More»Lawyer’s Assets May Be Marital Property But Professional Goodwill is Separate Property
Bloggers note: Smith is another important, if not iconic case, family lawyers and business valuation experts should know well. Smith v. Smith, 709 S.W.2d 588 (Tenn. Ct. App. 1985) Angelyn Jenkins Smith and Ewing Smith were married in 1952. Mr. Smith was an attorney and was first licensed in 1956. He was a 30% partner […]
Read More»Professional Goodwill of Medial Practice is Separate Property
Bloggers note: Hazard is considered by many of Tennessee’s most experienced forensic accountants to a be a cornerstone case that all forensic accountants and family lawyers should study and know. Hazard v. Hazard, 833 S.W.2d 911 (Tenn. Ct. App. 1991) Patrick and Myra Hazard were married in 1980 At the time of the marriage, Mrs. […]
Read More»Employment Not a Substantial Contribution to Family Business
Keyt v. Keyt, 244 S.W.3d 321 (Tenn. 2007) The husband and wife in this 2007 case were married in 1988. The wife did not work outside the home, and the husband was employed by a trucking company founded by his father. The husband had been employed by this firm prior to the marriage, and before […]
Read More»Discovery Deficiency Memo Training
https://youtube.com/watch?v=a9sK4sxNAL8Video can’t be loaded because JavaScript is disabled: Discovery Deficiency Memorandum Training (https://youtube.com/watch?v=a9sK4sxNAL8) A discovery deficiency memo is the backbone to every motion to compel discovery in divorce and more. This video is internal training for our family law attorneys and paralegals drafting a concise and useful memo to accompany the response to a review […]
Read More»Nonowner Spouse Fails to Prove Appreciation of Chiropractic Practice
Cutsinger v. Cutsinger, 917 S.W.2d 238 (Tenn. Ct. App. 1995). Mr. Cutsinger owned a chiropractic practice as a sole proprietorship. He began the practice two years before he married. Days after the marriage, Mrs. Cutsinger began working at the practice as a licensed nurse. Mr. Cutsinger later became seriously ill with skin cancer and was […]
Read More»Premarital Property Remained Separate Property Despite Couple Securing Line of Credit
Luplow v. Luplow, 450 S.W.3d 105 (Tenn. Ct. App. 2014). Mary Lisa Gaston Luplow and Martin Luplow were married in 1983 and had two children. In 2010, the wife filed a complaint for divorce in Davidson County, Tennessee, alleging inappropriate marital conduct and irreconcilable differences. The husband filed a counterclaim, alleging the same grounds. After […]
Read More»Causing Fire Doesn’t Count as a Substantial Contribution and Property Remains Other Spouse’s Separate Property
Ballard v. Ballard, No. M2008-00713-COA-R3-CV (Tenn. Ct. App. Jan. 21, 2009). Before he met his future wife, Mr. Ballard purchased a home in his own name for $81,000. The same year he began dating Mrs. Ballard, he paid off the first mortgage on his home in full and obtained a second mortgage. After the parties […]
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