Cannot Assessment Property Division With out Classification / Valuation Findings

Tennessee case abstract on property division in divorce.

Isa Neely Artry v. Lester Ray Artry

Shelby County Courthouse

The husband and spouse on this Shelby County, Tennessee, case have been married in 1992 and had one grownup youngster.  The husband was a firefighter, and the spouse labored half time for FedEx.  In addition they owned a styling salon from which the spouse derived most of her revenue.

In 2016, the spouse filed for divorce, and each events finally stipulated to a divorce.  The problems earlier than the courtroom have been pursuits in numerous property and alimony.  In early 2020, the trial courtroom issued its order.  The property was divided, however each events have been denied alimony.  After post-trial motions, the husband appealed to the Tennessee Court docket of Appeals.

The appeals courtroom famous that the enchantment concerned solely the distribution of property, and that Tennessee regulation requires as a prerequisite that the decrease courtroom make findings of reality as as to whether specific items of property are marital or separate.  The decrease courtroom should additionally make a dedication as to worth.  Each of those steps have to be carried out previous to the division, and these steps have been omitted on this case.

The events had included statements of the proof, which could have served instead.  Nevertheless, the 2 statements differed, and the trial courtroom didn’t make a ruling as to approval or disapproval of both.

For the reason that decrease courtroom’s order was missing on this regard, the Court docket of Appeals vacated the trial courtroom’s orders and remanded the case.

The appeals courtroom’s opinion was authored by Choose Kenny Armstrong.

No. W2020-00224-COA-R3-CV (Tenn. Ct. App. Sep. 22, 2022).

See authentic opinion for actual language.  Authorized citations omitted.

To be taught extra, see Property Division in Tennessee Divorce and consider our video Is Tennessee a 50 50 divorce state?