Property Division Attorney in Gallatin, TN
Property division after a divorce or in executing a will upon the death of a loved one can be an overwhelming and confusing process. A Gallatin property division lawyer has a deep understanding of Tennessee property division cases and laws and can give you trustworthy guidance for a successful outcome in either situation.
Tennessee property division laws are complicated and can be difficult to understand. It is crucial to seek legal advice and hire a Gallatin property division lawyer to obtain the property you deserve in your divorce, or the property you were bequeathed in an estate. In either case, our goal is to obtain and keep what you deserve.
Choose Phillips|Ralston
The legal team at Phillips|Ralston provides a compassionate, comprehensive approach so that your property division case progresses in a timely fashion.
Attorney John R. Phillips, Jr. has practiced law for 50 years and has an esteemed background, including certification by the National Board of Trial Advocacy as a Civil Trial Specialist and past President of the Sumner County Bar Association.
Attorney Lindsey A. Ralston has practiced law for over a decade and has a distinguished background, including Past President of the Sumner County Bar Association and a 2025 designation as a Super Lawyer. Our team has a reputation for thoughtful, skilled, and effective legal counsel, pursuing a beneficial outcome.
Experience You Can Trust. Speak with a Phillips | Ralston
attorney today.
Divorce and Property Division in Tennessee
The U.S. divorce rate has steadily declined over a 50-year period to a record low in 2024, with 14 out of 1000 divorced persons. Southern states rank in the top quartile of divorces in the U.S., with a Tennessee divorce rate of 16.3 married women out of 1000 over the age of 15 divorcing.
Tennessee is an equitable distribution state. The court considers several factors in deciding equitable distribution without regard to fault. These include:
- Duration of marriage
- Mental health, age, employability, and earning capacity
- One’s estate and financial liabilities
- Contribution of one spouse to the other’s training, education, or career advancement
- Value of separate property or any estate at the time of marriage
- Valuation of business assets, closely held properties, and tax consequences
- Marital debts, including who incurred and benefited from, who is able to repay, and the purpose of the debt
- Actions that may reduce marital property, such as wasteful expenditures
In your property division case upon your divorce, the court defines marital property as follows:
- Real or personal property acquired during the marriage up to the date of divorce
- Income or increase in value of property that was brought into marriage as separate, but mixed with joint assets, and was treated as equal property.
- Pension benefits, stocks, retirement funds, employee benefits, bank accounts
- Any personal injury, workers’ compensation, or social security settlements
- Direct or indirect, substantial contributions by a spouse as a homemaker
Estate Planning and Property Division, Tennessee
In a 2025 research study on end-of-life preferences and estate planning, it was estimated that only 46% of adults in their 60s have a will, and only 44% have a living will. Under age 60, roughly 30% of adults have these documents.
Estate planning is property division planning. It is crucial to develop a plan for how your property will be gifted to your loved ones upon your death. If you die testate, you have a will. Without a will, you died intestate. You may have a will that does not stipulate property division, known as intestate, where property does not pass by will in Tennessee.
Estate planning may or may not involve the probate process, the legal steps involved in property division upon one’s death. The probate process can be onerous with many requirements, petitions, court fees, document filings, and time constraints.
One misstep in your property division case could lead to a significant loss of property you are entitled to in your divorce or that you were slated to inherit from your loved one. Phillips|Ralston property division attorneys understand all the individual nuances of each property division case and will guide you to a successful resolution.
Hire a Property Division Lawyer
It is important to educate yourself and to be proactive when you are dividing your property, either because of a divorce or with an estate plan. It is imperative to hire a property division attorney to give you peace of mind during this process. Our goal is to help you pursue the settlement you deserve in your divorce or to provide the confidence you need to know your property is divided as per the wishes of your loved ones upon their death.
FAQs
How Is Marital Property Divided in Tennessee?
The court is empowered to use its wide latitude in equitably dividing, distributing, and assigning marital property in a just, fair manner. The court has discretion to divide and allocate marital debt at the time of the divorce or later and to order the sale of property to equitably divide assets as the court deems necessary. The court also has the authority to impose any additional conditions so that the property is sold for fair market value.
What Is My Separate Property?
Tennessee courts define separate property as real or personal property owned before marriage, including IRA accounts, income generated from or appreciation of property owned before marriage, property gained via an inheritance or gifts, future lost wages or medical expenses, pain and suffering awards, and crime compensation awards.
What Happens to a Jointly Owned Property if One Owner Dies in Tennessee?
If one dies testate, or with a will, Tennessee allows for a non-probate transfer of jointly owned property, or tenancy by entirety, to pass immediately to the surviving spouse. Another transfer of property, or joint tenancy with right of survivorship, includes bank accounts that become property of the surviving owner even if a will dictates funds are to be deposited to someone else.
What Is the Order of Inheritance in Tennessee?
If a loved one dies intestate, without a will, assets are distributed via a specific order or Intestate Succession. Surviving spouse and children, at a rate of one-third to the spouse and two-thirds divided amongst children, inherit first, followed by the surviving spouse, children if no surviving spouse, parents, and then siblings if no spouse or children, and finally, grandparents or distant relations. The estate goes to the state of Tennessee if no closer relatives exist.
Gallatin Property Division Lawyer
Our team has a combined 60 years of experience handling Tennessee property division cases. Our office in Gallatin, known for true grit and amazing grace, is located 35 minutes from Nashville and 30 minutes from Kentucky. We serve clients in the greater Nashville, Sumner County, and southern Kentucky region. Take that initial step and contact us today. We are here to help you with your property division case.
