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City Commissioner asked to vacate seat

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Trevsnona

Junior Member
What is the name of your state?What is the name of your state? TENNESSEE

After 8 years of service as a city commissioner I am told that I must vacate my seat and remove my name from the ballot for re-election.
Town of Burns Charter states a commissioner must own property in the town and be a resident for 12 months prior to seeking election. I have been married to my husband for 27 years all our property is deeded in his name and our son's name, while I hold a life estate on said property.
My question to you: Am I considered a property owner?
Also would this not be similar to the law change on voteing rights changes made from property owners to residents right to vote.

:confused:
 


rmet4nzkx

Senior Member
Is this a new law?
Was this law in effect and you were certified in prior elections?
Are there term limits?
You might be able to challenge this depending on the circumstances.
Tennessee is an "equitable distribution" state. That means that your husband can own the property separate and apart from you and perhaps for tax purposes is held jointly with his son. According to your state's laws in the family law section re divorce: The separate property of each spouse is retained by that spouse. Separate property is property that was: (1) acquired prior to marriage; (2) by gift or inheritance; (3) in exchange for any separate property, or (4) obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation. The marital property, including: (1) any property acquired during the marriage by either spouse; (2) any increase in value of any property to which the spouses contributed to the upkeep and appreciation; and (3) any retirement benefits, is divided by the court, without regard to any marital fault, and after a consideration of the following factors: (1) the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent; (2) the value of each spouse's property at the time of the marriage and at present; (3) the economic circumstances of each spouse at the time the division of property is to become effective; (4) the length of the marriage; (5) the age and health of the spouses; (6) the vocational skills of the spouses; (7) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (8) the federal income tax consequences of the court's division of the property; (9) the present and potential earning capability of each spouse; (10) the tangible and intangible contributions made by 1 spouse to the education, training, or increased earning power of the other spouse; (11) the relative ability of each party for the future acquisition of capital and income; (12) the employability and earning capacity of the spouses; (13) any social security benefits; and (14) any other factors necessary to do equity and justice between the spouses. [Tennessee Code Annotated; Volume 6A, Title 36, Section 36-4-121].
 

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