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»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 […]
Read More»Dramatic Appreciation in Property Value Was Result of Freeway Coming Through and Not Spouse’s Substantial Contribution; Therefore Property Interest Remained Separate
Harrison v. Harrison, 912 S.W.2d 124 (Tenn. 1996). Mr. Harrison and his brother each inherited a half interest in a 45 ½ acre tract of land that was used for farming. At the time Mr. Harrison married Mrs. Harrison, the value of the land was $7,000. After an interstate was constructed across the tract of […]
Read More»Investment Advice and Use of Word “Ours” Were Insufficient to Transmute Wife’s Trust Fund
Luttrell v. Luttrell, No. W2012-02279-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2014). William and Beverly Luttrell were married in 1987 in Mississippi. The wife came from a well-to-do family, since her grandfather had started Bryan Foods, which later became part of the Sara Lee Corporation. Prior to the marriage, she was the beneficiary of a trust […]
Read More»Support During Marriage Was One Factor of Substantial Contribution When It Resulted in Preservation of Asset
Wade v. Wade, 897 S.W.2d 702 (Tenn. Ct. App. 1994) This 1994 case involved a number of different pieces of property which the court was required to classify as separate or marital. These had been owned by the husband prior to the marriage, and the husband argued that they had remained his separate property. One […]
Read More»Whether Retirement Benefits are Vested Irrelevant for Determining Separate or Marital
Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996). Cohen is widely cited for its holding that “the value of unvested retirement plans and increased equity in real separate property accruing during the marriage constitute marital property.” It reached this conclusion rather quickly by noting that marital property is defined as “all” property acquired during the […]
Read More»For Property to Transmute, Substantial Contribution Must Relate Directly to the Asset
Spergl v. Spergl, No. M2018-00934-COA-R3-CV (Tenn. Ct. App. May 16, 2019) The husband and wife in this Williamson County, Tennessee, case were married in 2004 and had no children. In September 2015, the wife filed for divorce, arguing irreconcilable differences and inappropriate marital conduct. After an initial answer, the husband admitted inappropriate conduct, and also […]
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