Clinton, TN asked in Divorce for Tennessee

Q: I've owned my own home since 2009. I married in 2016 and filed for divorce in early 2019. Is home separate property?

I've sold the home but the equity was built over the majority of years I was residing alone. Soon to be ex husband wants half the equity.

No children from the marriage. He has his own retirement income and Social security. I have my own income and retirement.

He didn't have anything coming into the marriage (home or many assets). I have offered most of the marital property to be given to him such as a tractor, tools and I offered a bedroom set (in which he refused).

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: The increase in value since the marriage is marital property. It sounds like you may wish to reconsider your divorce action. Obviously you have nothing to gain by divorce at this time and must pay him to agree. You need a competent attorney to put you in the right position to get him to want a divorce without receiving anything. Threatening part of his retirement would be a nice start.

Paul E. Tennison agrees with this answer

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