What are spousal rights in Tennessee?

Under Tennessee law, the surviving spouse is always entitled to a percentage of the deceased spouse’s net estate. The surviving spouse is entitled to this percentage regardless of whether the surviving spouse has been disinherited by the decedent’s will.

Can a married couple own property in Tennessee?

Ownership as Tenancy by Entirety is only available to married couples. Under Tennessee law, a married couple can own property (both real and personal property)

How does a surviving spouse get a share of property in Tennessee?

A surviving spouse can choose to receive an elective share (see prior post describing the details of an elective share under Tennessee law) of the decedent’s property by filing a notice with the court and delivering the notice to the personal representative.

What does separate property mean in Tennessee divorce?

Tennessee calls this separate property. “Separate property” includes: income from and appreciation of property owned by a spouse before marriage, except when characterized as marital property by means of another legal theory (ask your attorney how this works)

Who are the owners of the property during a marriage?

If you live in a community property state, the rules are more complicated. But in general: spouses own equally almost all property either one acquires during the marriage, regardless of whose name the property is in half of each spouse’s income is owned by the other spouse during the marriage, and

When does separate property become marital property in Tennessee?

In Tennessee divorce law, separate property (usually money) which gets commingled with marital property can become marital property. When separate property is commingled during a marriage, it is mixed together to such an extent that the funds cannot be separated.

Can a jointly held property be taxed in Tennessee?

Under Tennessee law, jointly held property can be considered part of the deceased individual’s taxable estate.

Can a spouse receive more money in Tennessee?

No. If the other spouse is at fault for the end of the marriage, a spouse cannot receive more money in property division. In Tennessee, fault is not a factor when determining property distribution. However, fault is a factor for a Tennessee court to consider when determining alimony.