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Court docket Should Decide Worth Earlier than Dividing Property

Tennessee case abstract on valuation of marital property in divorce.

Romey Green III v. Kasandra Cherry Green

Court docket Should Decide Worth Earlier than Dividing Property

The husband and spouse on this Tipton County, Tennessee, case have been married in 1984, and the husband filed for divorce in 2013.  The events had two grownup daughters, and on the time of trial, the husband was 63 years outdated, and the spouse, 53.    After an extended pretrial course of, the case lastly went to trial in 2018.  Their foremost property consisted of their marital house, two different unimproved heaps, and varied retirement and monetary accounts.

The trial court docket divided the events’ property, however assigned worth solely to the house and two unimproved heaps.  The marital house was awarded to the events collectively, however with the husband being allowed possession.    The adjoining property was additionally awarded to the events collectively, however topic to a lien for his or her attorneys’ charges.  The third property was awarded to the spouse alone.  The retirement accounts have been additionally distributed, however and not using a worth being positioned on them.

The spouse appealed the judgment to the Tennessee Court docket of Appeals.  She first argued that the trial court docket had erred in granting the husband unique use of the marital house throughout his lifetime.  She additionally argued that the trial court docket ought to have granted her a one half curiosity in one of many husband’s retirement accounts.  The husband argued that the decrease court docket’s division had been equitable.

The appeals court docket, nonetheless, didn’t attain both of the events’ arguments.  As an alternative, it famous that the prerequisite for the trial court docket to make its dedication was to categorise and worth the entire property.  On this case, whereas the decrease court docket had set valuations for the true property, it had made no findings as to the worth of the varied retirement accounts.  For that reason, the Court docket of Appeals said that it was compelled to vacate the decrease court docket’s property division.  It famous that a few of these property had important worth, and this data was mandatory to creating a dedication of an equitable distribution.

For these causes, the Court docket of Appeals vacated the decrease court docket’s ruli8ng and remanded the case.  The prices of enchantment have been assessed equally to the 2 events.

No. W2019-01416-COA-R3-CV (Tenn. Ct. App. Apr. 12,  2021).

See authentic opinion for precise language.  Authorized citations omitted.

To study extra, see Property Division in Tennessee Divorce.

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