As an equitable division state, Tennessee property obtained separately, outside of the marriage is retained by the owner in the event of a divorce. Separate property is defined as:
• Property bought or acquired before the marriage occurred.
• Property that was gifted or inherited by a spouse during any time of the marriage.
• Any property that was acquired in exchange for a separate piece of property.
• Property that was obtained with separate income, if the other spouse did not contribute to the property’s up-keep or appreciation.
All other property obtained during the marriage, that isn’t designated as separate and individually owned, is considered marital property. Marital property is divided based on, but not limited to, the following factors:
• The length of the marriage
• The value of each spouse’s property and assets at time of divorce
• The ability of each spouse’s future earning ability
• Each spouse’s contribution to the acquisition, preservation, and appreciation of the marital property.