Sobieski, Messer & Associates, PLLC
Potential clients can contact us at: 865.223.5586 Existing clients can contact us at: 865.546.7770
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Property Division

Property Division Law Firm in Knoxville Guides You to the Best Possible Outcome

Knowledgeable property division attorneys sort out your property issues

If you are getting divorced in Tennessee, it is important to know how your property will be divided. If you and your spouse cannot decide on your own, the matter will have to be brought to court where a judge will ultimately make the decision about what property belongs to each.

Equitable division of property and debts in Tennessee

Divorce law in Tennessee states that parties may enter into a Property Settlement Agreement or a Marital Dissolution Agreement to distribute the assets and debts acquired during the marriage. If the parties cannot reach an agreement, the court will make an "equitable" division of the marital property and debts at trial.

"Equitable" does not necessarily mean 50/50. The court's decision will be based on the circumstances of the marriage and the parties, and the decision will be what the court believes to be fair based on the evidence. The evidence the court looks at includes:

  • Earning capacity of each party
  • Financial liabilities and needs of each party
  • Tax consequences
  • Value of the separate properties
  • Duration of the marriage
  • Mental and physical conditions of each party
  • Each spouse's estate
  • Each party's Social Security or other income availability
  • The parties’ respective ages
  • The parties’ respective educational levels
  • Responsibility for the minor children

Generally, property owned and paid for before the marriage or received as a gift to one party or by inheritance is separate property. Usually, only the marital property is divided by the court, and each party can keep his or her own separate property.

A skilled divorce lawyer in Knoxville can help you through the property division process.

Contact experienced property division attorney today

The attorneys at Sobieski, Messer & Associates, PLLC handle property division for clients in Knoxville, TN and the surrounding areas. We have fixed hourly rates. Our office is conveniently located in Historic Downtown Knoxville within walking distance of the state and federal courthouses. Call 865.223.5586 or contact us online to learn how we can help you.

Sobieski, Messer & Associates, PLLC
612 Gay Street, 5th Floor
Knoxville, Tennessee, 37902-1603 USA