Business Property, Even if Gift to Wife, Transmuted to Marital Property
Tennessee case summary on property division classification and transmutation in divorce. Wanda Sue Binkley v. Allen Dale Binkley The husband and wife in this Montgomery County, Tennessee, case were married in 1986. The wife filed for divorce in 2017, and the case went to trial before Judge Ted A. Crozier late that year. After a […]
Read More»Divorce Court Lacks Jurisdiction to Determine Property Interest of LLC which is Not Party to Case
Tennessee case summary on property division and business valuation in divorce. Thomas John Pitera v. Samantha Pitera The husband and wife in this Blount County, Tennessee, were married in 1998 when the husband was in the Marine Corps and the wife was employed on base. Starting in 2005, the husband was employed as a contractor […]
Read More»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, […]
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