Tennessee case abstract on property classification and division in divorce.
Husband’s enchantment tossed out when he fails to comply with rule requiring desk of belongings of separate and marital property in short.
Laura Adams v. Timothy Adams, Sr.
The spouse on this Robertson County, Tennessee, case filed for divorce after about two years of marriage. She had additionally sought an order of safety. A month after submitting the divorce case, she made a petition for ex parte aid, alleging that the husband brandished and fired a handgun by her windshield, barely lacking her ear.
Trial within the divorce place befell in 2022. A key problem within the case was a rental property in Lawrence County. The husband had bought the property previous to the wedding from retirement funds. However she argued that it ought to be handled as marital property. It was used as rental property, and rental earnings was deposited into joint accounts or on household bills. She additionally testified that she would “go down there” to the property alongside together with her husband, and he or she had paid the property taxes on-line with funds from their joint account.
The trial court docket, Choose Adrienee G. Fry, held that funds had been inextricably comingled, such that the property grew to become a marital asset. It awarded 40% to the spouse, and the husband appealed to the Tennessee Courtroom of Appeals.
Sadly for the husband, he had didn’t comply with a rule of the Courtroom of Appeals. Each time property classification is at problem, the temporary ought to embody a desk itemizing all separate and marital property.
It cited earlier circumstances wherein failure to incorporate this desk meant that problems with classification and division had been waived.
Because the husband failed to incorporate this desk, it held that the husband waived that problem. Subsequently, it affirmed the decrease court docket’s judgment and remanded the case. It additionally assessed the prices of enchantment towards the husband.