Dividing assets in a Tennessee divorce is often one of the most emotionally and financially challenging parts of ending a marriage. The marital home, in particular, is frequently the most contested asset, given its financial value and emotional significance. Tennessee law governs who will get the family home, considering relevant considerations such as each spouse’s financial situation, child custody arrangements, and any agreements made between the parties. Understanding your rights, legal options, and how courts determine who gets the house can help you make informed decisions and protect your long-term interests.
If you are going through a divorce in Tennessee and desire to keep the marital home, it is crucial to consult with an experienced Tennessee divorce lawyer early in the divorce process.
Equitable Division of Property in Tennessee
To divide assets such as a house in a divorce, Tennessee law follows the principle of equitable distribution. This dictates that all marital property is divided in a way the court considers fair under the circumstances. This does not necessarily mean a 50/50 equal split of assets, but rather it determines what is “equitable” based on financial contributions, debts, and the particular circumstances of the case. The court must consider and distribute all marital property, which includes not just assets but also all debts that were accumulated within the duration of the marriage. The family home is almost always considered marital property if it was purchased or paid for during the marriage, making it subject to equitable distribution.
If one spouse owned the home prior to marriage (and the spouse was never added to the deed) or a valid prenuptial agreement exists specifying ownership, the property may be treated as separate property and exempt from division. Courts examine these factors carefully to determine whether one spouse has a claim to the home. If you are unsure whether the house is considered marital or separate property, or if you need to make a case for either, it is essential to consult with an attorney for guidance.
Negotiating or Mediating Who Gets the House
Many couples are able to reach agreement on the division of assets, including the family home, without going to trial. Mediation is a collaborative process that allows spouses to negotiate all the terms of their divorce. They can together decide whether to sell the home and split the proceeds, have one spouse buy out the other, or allow a parent with physical custody to remain in the home. Agreements reached through mediation are legally binding when included in the divorce decree. This greatly can reduce emotional stress and legal costs.
Under Tennessee Rule 31, mediation is mandatory in nearly all contested divorce cases. Mediation is a process in which a neutral third-party mediator helps both sides work together to develop an acceptable joint resolution. If mediation is not successful, the case proceeds to trial, but attorneys can continue to negotiate on behalf of their clients. If no agreement is reached, the judge will ultimately decide how the house and other marital assets will be distributed under equitable distribution.
How Children and Custody May Affect Who Gets the House
When children are involved, the court can also consider their best interests in determining who stays in the family home. For instance, custodial parents may be allowed to remain in the home, even if temporarily, to provide stability and maintain consistency in the children’s school, activities, and daily life. Emotional and practical considerations of children must also be weighed alongside financial factors.
Financial Factors to Consider When Getting the Marital Home
There are many financial implications with divorce, and deciding who keeps the house also involves evaluating whether a spouse can realistically afford the mortgage payments, property taxes, insurance, and upkeep. The court examines each party’s income, debts, ability to pay and long-term financial stability. Keeping the house can be advantageous strategically, allowing one spouse to retain an appreciating asset, certain tax benefits, or use the home as leverage in negotiating with the other marital property, such as retirement accounts or investments.
Expert Legal Guidance for Your Divorce and Family Home
Dividing the family home in a divorce can be challenging, especially when financial responsibilities, custody arrangements, or separate property issues must be considered. Having an experienced Tennessee divorce attorney is essential to guide you through this process. Trust J. Ryan Johnson Law, a leading family law firm based in Nashville, TN, to assess your home’s value, develop strategic solutions, and protect your rights throughout mediation and court proceedings. If you are going through a divorce, contact us today to schedule a consultation!
