In a marriage, there is a lot more you share with your spouse other than your mutual feelings. You also get to share property. But what do you get to call your own, and what property must you share?  Well, these are some of the questions that you will be battling to answer when you file for your divorce in Nashville or Middle Tennessee.

The division of property is not the same in every state. It may vary on the type of property state that you reside in.  Is it a state that does equitable distribution of property or are you in a community property state? Also, are you dealing with community property or separate property?

When you are married, there are two types of properties that you may have: separate property and marital property. Separate property is the property that only belongs to either you or your spouse. Some of these may include the property you had before the marriage, the capital gains on property you own before marriage, and any inheritance you acquire before the marriage, among others.

Marital property, on the other hand, is all that you earn or acquire while in your marriage unless otherwise agreed. If you and your spouse share a joint checking account that you use to make household payments with, then that is marital property.

In Tennessee, the law calls for the division of property by equitable distribution. The judge considers every contribution you made to your marriage. They also look at the duration of marriage together with the needs of each party when deciding.

This information is only meant to educate you about the laws on property division. You should not take it as legal advice.