In Tennessee, property owned by one spouse prior to marriage is generally considered separate property. This includes real estate, like a house. Separate property remains individually owned unless it is commingled with marital assets or a spouse intentionally adds the other spouse’s name to the title. For instance, if one spouse purchases a home before the marriage and then, after marriage, uses joint funds to pay the mortgage, a portion of that home’s equity could be deemed marital property subject to division upon divorce. Similarly, adding a spouse’s name to the deed can also convert separate property to marital property.
Understanding the distinction between separate and marital property is crucial in Tennessee divorce proceedings. This classification directly impacts how assets are divided upon dissolution of the marriage. Maintaining clear records of premarital asset acquisition, such as retaining the original deed and purchase agreements, can significantly simplify property division in the event of divorce. Historically, Tennessee law has recognized the importance of protecting premarital assets, reflecting societal values about individual ownership and financial independence.
