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What is separate property? PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 21 January 2009 20:35

Separate property is property determined to belong solely to one of the parties and is not subject to equitable division in a divorce. 

"Separate property" means:

  • All real and personal property owned by a spouse before marriage, including, but not limited to assets held in individual retirement accounts;
  • Property acquired in exchange for property acquired before the marriage;
  • Income from and appreciation of property owned by a spouse before marriage (except when characterized as marital property based on the substantial contribution of the parties to the separate property of one of the parties);
  •  Property acquired by a spouse at any time by gift, bequest, devise or descent;
  • Pain and suffering awards, victim of crime compensation awards, future medical expenses and future lost wages;
  • Property acquired by a spouse after an order of legal separation where the court has made a final disposition of property.

Tenn. Code Ann. section 36-4-121
 
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