Franklin Property Division Lawyer

Property Division Attorney in Franklin, TN

When your marriage ends, the question of what you keep (and what you don’t) can shape the rest of your life. A skilled Franklin property division lawyer can make the difference between a fair outcome and a costly one. At Story & Abernathy, PLLP, our team has been helping individuals in Franklin and throughout Williamson County navigate property division cases with clarity, compassion, and decades of experience.

Property division is one of the most contested elements of divorce. Tennessee adheres to equitable distribution, which would divide marital assets and debts fairly, though not always 50/50. Understanding how property division laws apply to your specific situation requires experienced legal guidance, and that is exactly what our Franklin property division lawyers can provide.

What Does Property Division Involve?

In a Tennessee divorce, the court distinguishes between marital property and separate property. Marital property usually refers to assets and debts that arose from either spouse while they were married, while separate property refers to assets that either spouse had before they were married or that they received as gifts or an inheritance.

However, the lines between the two can become unclear when funds become commingled, assets are jointly titled, and pre-marital property appreciates. Now, the property division case has become more complicated.

Factors the court considers when dividing marital property include:

• The length of the marriage
• Each spouse’s financial contributions
• The earning capacity of both parties,
• The economic circumstances each spouse will face after the divorce

Our Franklin property division attorneys understand how Tennessee courts weigh these factors, and we use that knowledge to advocate on your behalf.

Why You Should Hire a Property Division Lawyer in Franklin, TN

The divorce-to-marriage ratios for Williamson County are above the state average ratios, at 56.9% vs 45.4%. Most people undergoing a divorce underestimate how much is at stake in a property division dispute. Retirement accounts, the family home, business interests, investment portfolios, and even debts must all be worked through. Without proper legal representation, you may unknowingly accept terms that leave you financially vulnerable for years to come.

When you hire a property division lawyer from our firm, you gain an advocate who knows Tennessee’s property division laws inside and out, as well as a legal team that works to protect your financial future and achieve a resolution that benefits you.

Our seasoned Franklin family lawyers are also trained in collaborative and mediation-based approaches to dispute resolution. We are certified Rule 31 mediators and believe that, in many cases regarding property disputes, handling the case outside of court saves clients time, money, and unnecessary stress. However, if going to court becomes necessary, our firm is fully prepared to take the case to the Williamson County Courthouse.

About Story & Abernathy, PLLP Attorneys at Law

Story & Abernathy, PLLP, is a Franklin, Tennessee-based law firm dedicated to guiding families through life’s toughest moments with compassionate and professional legal representation. Led by attorneys Joanie Abernathy and Virginia Lee Story, the firm works in a wide range of practice areas, from family law, divorce, personal injury, criminal defense, and estate planning.

FAQs About Franklin, TN Property Division Laws

Is Property Split 50/50 in Franklin, TN?

No, Tennessee is an equitable distribution state, not a community property state. In Franklin and throughout the rest of Tennessee, a judge is not required to split marital property 50/50. Assets are instead divided “fairly,” based on the length of the marriage, the financial needs of both parties, and how much each contributed to the marriage. Sometimes, a 50/50 split does occur, as long as it is considered just and equitable.

What Is the Difference Between Marital and Separate Property in Tennessee?

In Tennessee, marital property is all assets and debts acquired by either spouse during the marriage, even if one spouse is not named on the title. Usually, this includes wages, retirement contributions, and real estate purchased while they were married. Separate property is any assets owned prior to the marriage, as well as any inheritances or gifts received during the marriage.

Can Separate Property Become Marital Property?

Yes, in Tennessee, separate property can transform into marital property through commingling or transmutation. Commingling occurs when separate assets are inextricably mixed with marital funds. Transmutation happens when separate property is treated as marital, like using a spouse’s income to pay the mortgage on a pre-marital home.

If the assets lose their separate identity or both spouses contribute to their value, Tennessee courts will likely reclassify them as marital property.

Does “Fault” in a Divorce Affect How Property Is Split?

“Fault” generally does not dictate how property is divided, as the state follows equitable distribution laws. Courts focus on factors like how long you were married, financial contributions from each spouse, and their future earning potential to ensure a fair, though not always equal, split.

However, fault can become relevant if a spouse’s misconduct led to the dissipation of marital assets, such as spending shared funds on an extramarital affair or a gambling addiction.

What Happens to Marital Debts?

Just like with assets, marital debts are divided equitably. This includes mortgages, credit card statements, car loans, and more. If a debt was used for the benefit of the marriage (like a home repair), it’s usually shared. If it was incurred by one spouse for a non-marital purpose (like a solo luxury vacation), it might be assigned to that spouse alone.

Hire a Franklin Property Division Lawyer at Story & Abernathy, PLLP Attorneys at Law

Choosing the right legal representation starts with finding a trusted law firm that knows your community and genuinely cares about your outcomes. Our attorneys have deep roots in Middle Tennessee, and we bring that local knowledge to every property division case we handle.

Whether your divorce is contested or uncontested, straightforward or high asset, Story & Abernathy, PLLP Attorneys at Law has the experience and commitment to guide your family through it. Contact our office and let us put our decades of experience to work for you.