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Tennessee Divorce Property Division
Summary
In Tennessee, marital property is divided equitably, not equally. The home rented from in-laws is likely their separate property, despite $45k in upgrades. Reimbursement for these upgrades may be possible during divorce proceedings. Verbal agreements are recognized but hard to prove without written evidence. Unjust enrichment claims could be considered if one party benefits unfairly. Consult a local attorney for personalized advice.Full Conversation
marital property through a divorce in tennessee
Hey Carl! Here's some general info on marital property in a Tennessee divorce:
- Equitable Distribution: Tennessee follows this principle, meaning property is divided fairly but not necessarily equally.
- Marital Property: Includes assets acquired during the marriage.
- Separate Property: Assets owned before marriage or received as gifts/inheritance.
Do you have any specific questions or details about your situation?
- Equitable Distribution: Tennessee follows this principle, meaning property is divided fairly but not necessarily equally.
- Marital Property: Includes assets acquired during the marriage.
- Separate Property: Assets owned before marriage or received as gifts/inheritance.
Do you have any specific questions or details about your situation?
my soon to be ex-wife and I have rented a home for *.5 years from her parents. which are on the title and mortgage. they told us from day * rent would be * and it would go to the homes mortgage, land taxes and homeowners' insurance. the mortgage is now only 18k. and we have done around 45k in upgrades to the property and home. is this considered marital property in Tennessee?
Hey Carl! To determine if the home is considered marital property in Tennessee, here are some key points:
- Ownership: Since the title and mortgage are in your in-laws' names, the property is typically considered their separate property.
- Contributions: The $45k in upgrades and rent payments could be considered contributions, but it doesn’t necessarily convert the property to marital property.
You might want to consult a local attorney to explore if you can claim any interest or reimbursement for the upgrades and payments. Would you like help connecting with a local lawyer who can provide more specific advice?
- Ownership: Since the title and mortgage are in your in-laws' names, the property is typically considered their separate property.
- Contributions: The $45k in upgrades and rent payments could be considered contributions, but it doesn’t necessarily convert the property to marital property.
You might want to consult a local attorney to explore if you can claim any interest or reimbursement for the upgrades and payments. Would you like help connecting with a local lawyer who can provide more specific advice?
would the upgrades be considered marital property. the hvac system was upgraded etc
Case Rating: *
Hey Carl! Generally, the upgrades you made (like the HVAC system) would not be considered marital property since the home is owned by your in-laws. However, you might be able to claim reimbursement for these upgrades during the divorce proceedings.
Would you like more detailed information or assistance with something else?
Hey Carl! Generally, the upgrades you made (like the HVAC system) would not be considered marital property since the home is owned by your in-laws. However, you might be able to claim reimbursement for these upgrades during the divorce proceedings.
Would you like more detailed information or assistance with something else?
more detailed information
Case Rating: *
Hey Carl! Here’s more detailed information:
- Reimbursement Claims: You might be able to claim reimbursement for the $45k in upgrades during divorce proceedings. This would be considered a contribution to the property.
- Equitable Distribution: The court may consider your financial contributions when dividing other marital assets.
Would you like to know more about the reimbursement process or need assistance with another aspect of your situation?
Hey Carl! Here’s more detailed information:
- Reimbursement Claims: You might be able to claim reimbursement for the $45k in upgrades during divorce proceedings. This would be considered a contribution to the property.
- Equitable Distribution: The court may consider your financial contributions when dividing other marital assets.
Would you like to know more about the reimbursement process or need assistance with another aspect of your situation?
i would like to know more about the reimbursement process. but isnt this kinda like a rent to own agreement being promised the deed? the rent went to the mortgage. thats why the mortgage is down to 18k.
Case Rating: *
Hey Carl! Here’s some more information on the reimbursement process:
- Reimbursement Claims: During divorce proceedings, you can file for reimbursement for the $45k in upgrades. You will need to provide evidence of these expenses.
- Equitable Distribution: The court will consider these contributions when dividing marital assets.
Do you have any specific documentation or proof of the rent-to-own agreement or the upgrades made?
Hey Carl! Here’s some more information on the reimbursement process:
- Reimbursement Claims: During divorce proceedings, you can file for reimbursement for the $45k in upgrades. You will need to provide evidence of these expenses.
- Equitable Distribution: The court will consider these contributions when dividing marital assets.
Do you have any specific documentation or proof of the rent-to-own agreement or the upgrades made?
i have a video recording of my soon to be ex-wife admitting her parents have said we would eventually get the deed but thats not on paper. and admitting that if we paid * more payments of 1k we would probably get the deed. but her parents only have a trust deed. not the deed in hand
Case Rating: *
Hey Carl! The video recording of your ex-wife’s admission could potentially support your claim for reimbursement but may not necessarily establish a rent-to-own agreement since it's not in writing.
Here’s what you might consider:
- Reimbursement Claim: Present your video and evidence of upgrades in court.
- Equitable Distribution: Court might consider your financial contributions in asset division.
Do you need more specific guidance on presenting your case in court or other related questions?
Hey Carl! The video recording of your ex-wife’s admission could potentially support your claim for reimbursement but may not necessarily establish a rent-to-own agreement since it's not in writing.
Here’s what you might consider:
- Reimbursement Claim: Present your video and evidence of upgrades in court.
- Equitable Distribution: Court might consider your financial contributions in asset division.
Do you need more specific guidance on presenting your case in court or other related questions?
could i get unjust enrichment off the details?
Case Rating: *
Hey Carl! Unjust enrichment occurs when one party benefits at the expense of another in a manner deemed unjust by the law. Here are some key points to consider in your situation:
- Benefit: Your in-laws benefitted from the $45k in upgrades.
- Expense: You incurred the cost.
- No Contract: Since no formal rent-to-own agreement exists, this strengthens the unjust enrichment claim.
It might be beneficial to consult a local attorney to explore this claim further. Would you like assistance with anything else?
Hey Carl! Unjust enrichment occurs when one party benefits at the expense of another in a manner deemed unjust by the law. Here are some key points to consider in your situation:
- Benefit: Your in-laws benefitted from the $45k in upgrades.
- Expense: You incurred the cost.
- No Contract: Since no formal rent-to-own agreement exists, this strengthens the unjust enrichment claim.
It might be beneficial to consult a local attorney to explore this claim further. Would you like assistance with anything else?
if i have verbally been told for *.5 years that if I pay the mortgage down with rent, would that constitute a agreement considering I have my soon to be ex-wife on a recording?
Case Rating: *
Hey Carl! Verbal agreements can be tricky, especially without written proof. Here are some points to consider:
- Verbal Agreement: Tennessee law does recognize verbal agreements in certain situations, but they can be harder to prove.
- Evidence: Your recording could support your claim but may not be conclusive.
Would you like to know more about how to present this evidence in court or any other aspect of your case?
Hey Carl! Verbal agreements can be tricky, especially without written proof. Here are some points to consider:
- Verbal Agreement: Tennessee law does recognize verbal agreements in certain situations, but they can be harder to prove.
- Evidence: Your recording could support your claim but may not be conclusive.
Would you like to know more about how to present this evidence in court or any other aspect of your case?
can i get unjust enrichment against my soon to be ex-wife in divorce court and her parents. she is staying in the home and it will be paidoff in 24 months at * a month
Case Rating: *
Hey Carl! You might have a potential claim for unjust enrichment against your soon-to-be ex-wife and her parents. Here are some key points:
- Benefit: Your ex-wife and her parents benefit from the home improvements and mortgage payments.
- Expense: You incurred the cost and effort.
- No Contract: Lack of a formal rent-to-own agreement can support your claim.
Would you like more information on how to present this claim in court?
Hey Carl! You might have a potential claim for unjust enrichment against your soon-to-be ex-wife and her parents. Here are some key points:
- Benefit: Your ex-wife and her parents benefit from the home improvements and mortgage payments.
- Expense: You incurred the cost and effort.
- No Contract: Lack of a formal rent-to-own agreement can support your claim.
Would you like more information on how to present this claim in court?
yes please
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