Tenn. Code Ann. 36-4-121 (b) defines marital property. Under (b)(1), marital property includes:
All real and personal property acquired by either spouse during the marriage until the date of the divorce hearing.
If one spouse tries to convey property fraudulently before the complaint for divorce is filed, then it may also be deemed to be marital property and brought into the action for division by the Court.
All marital property is valued as near as possible to the date that the Court enters an Order dividing the marital assets.
Marital property includes income from, and any increase in the value during the marriage of property determined to be separate property if each party substantially contributed to its presevation and appreciation. This means if a spouse owned real property before the marriage and it has increased in value during the time the parties were married, the other party may be entitled to a division of the amount that it increased in value if he or she substantially contributed to its maintenance and the increase in value.
Marital property also includes the value of vested and unvested pension benefits, stock option rights, retirement, and other fringe benefit rights accrued as a result of employment during the marriage. The amount of such benefits earned as a result of employment prior to the marriage are not included.
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