Last Updated: Sep 14, 2026
Read Time: 2 mins
Transcript:
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In Tennessee, once you are married, essentially anything you acquire during the marriage is marital property. Anything you own prior to the marriage, whether it is bought or inherited or gifted to you, is separate property. In Tennessee, however, there are two main legal theories in which your separate property can become marital property, and those are transmutation and co-mingling. Transmutation is a process where you own separate property but the other spouse contributes to the preservation or the increase in value of
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that asset during the marriage. And so it switches from being separate to marital. The other one is co-mingling. That’s when you have like a bank account for example prior to marriage and you put into that bank account marital funds and it becomes so inextricably interwoven that we can’t decide what of this balance is marital and what is separate and so the whole thing becomes marital and so that is a major point of contention in a lot of divorces. The other separate property you can have is
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anything you inherit during the marriage or any gifts given you to you during the marriage. Once again, those can also be transmutated or co-mingled.
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