Tennessee is classified as a separate property state. This legal distinction means that assets acquired during a marriage are generally considered owned by the individual who acquired them. For instance, if one spouse earns a salary, that income and any purchases made with it are typically viewed as belonging solely to that spouse. Gifts and inheritances received by one spouse during the marriage are also considered separate property.
This system has significant implications for asset division in cases of divorce or death. Rather than automatically splitting assets 50/50, as in community property states, Tennessee courts typically divide property according to equitable distribution principles. These principles take into account a variety of factors, including each spouse’s contribution to the marriage, both financial and non-financial. This distinction significantly affects estate planning and financial decisions for married couples residing in Tennessee. Understanding the state’s separate property system is essential for protecting individual financial interests and planning for the future.