Home Divorce Lawyer Husband Gets Only 40% of Increase of Marital Residence

Husband Gets Only 40% of Increase of Marital Residence


Tennessee case abstract on property division in divorce.

Teresa Lynn Brown v. Charles Furman Phillips, Jr.

The husband and spouse had been married in 1996.  It was the husband’s third marriage, however the spouse’s first.  The spouse labored for the Tennessee Highway Patrol, and the husband operated a portray enterprise.  He closed the enterprise in 2008 and labored solely sporadically after that date.

The spouse filed for divorce in 2018.  She had retired, however labored part-time for a police division.

The spouse introduced substantial belongings into the wedding, together with the marital residence and inherited land.  While there was a home on the property earlier than the wedding, it was improved in the course of the marriage.

The trial court docket decided that the worth of the marital dwelling had became greater from about $67,000 to $265,000 in the course of the marriage, for a rise of virtually $200,000.  The spouse was awarded the residence, however was ordered to pay half this improve, nearly $100,000, to the husband.  The husband was additionally awarded half of the pension accrued in the course of the marriage.  The spouse then appealed to the Tennessee Court of Appeals.

The appeals court docket first concluded that the preliminary valuation of the property was a query of reality, and that nice weight is accorded to the trial court docket’s findings.  Therefore, the preliminary worth of $67,000 was shortly affirmed.

The spouse argued that the rise in worth mustn’t have been divided equally.  Here, the spouse garnered some sympathy from the appeals court docket.  It identified that the spouse had funded a $50,000 kitchen rework with out the husband’s assistThose funds had been traced to her separate account.  After inspecting the statutory elements, the appeals court docket concluded {that a} 60/40 break up can be extra equitable than the decrease court docket’s 50/50 break up.  Therefore, it diminished the husband’s share to $79,120.

After inspecting the pension, the appeals court docket additionally agreed that a 60/40 break up can be extra equitable.  Therefore, it modified that portion of the decrease court docket’s ruling as well.

As modified, the Court of Appeals affirmed the decrease court docket’s judgment.  It additionally taxed the prices of appeal towards the husband.

No. E2020-00441-COA-R3-CV (Tenn. Ct. App. Mar. 29,  2021).

See unique opinion for precise language.  Legal citations omitted.

To be taught extra, see Property Division in Tennessee Divorce.


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