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 […]
Read More»Premarital Balances, But Not Gains, in Retirement Accounts Were Separate Property
Snodgrass v. Snodgrass, 295 S.W.3d 240 (Tenn. 2009). In this 2009 case, the Tennessee Supreme Court attempted to clarify and distinguish its decision in Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002). Once salaried employees with Alcoa, Mr. and Mrs. Snodgrass were married for about 23 years. Both participated in employer-provided 401(k) plans. Before their […]
Read More»Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act
On October 20, 2020, with Anne Hamer, we presented at the Tennessee Society of CPAs Forensic and Valuation Services Conferences. Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act is a substantive presentation on the subtleties of classification. Classification is the determination of whether an asset is separate property or marital property subject to […]
Read More»House Marital Property Despite Being Bought Before Marriage
Tennessee case summary on classification in divorce. Vernell Lynn Carptenter Lewis v. William Billy Lewis The husband and wife in this Shelby County, Tennessee, case began dating in 1995. They both had children from previous marriages. While they were still dating, the wife purchased a four-acre property that included a residence. About a year later, […]
Read More»Big Divorce Mistake #8: Being Cheap & Not Hiring a Forensic Accountant
https://youtube.com/watch?v=76Z3kKOKovcVideo can’t be loaded because JavaScript is disabled: Not Hiring a Forensic Accountant (https://youtube.com/watch?v=76Z3kKOKovc) Separate vs. marital property determinations are on the heart of many divorces. Forensic accountants can make the difference in analyzing important factual arguments and documents needed to win in negotiations and the court room. For a much more detailed discussion, see […]
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